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HomeMy WebLinkAboutCity of Little Rocki The City Clerk was instructed by the City Manager and City Attorney to record Acting Mayor Bussey as "Mayor ". I Board of Directors Chamber Little Rock, Arkansas September 15,, 1981 -.7:30 P. M. The Board'of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones total 6; Absent - None. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The Invocation was given by Mayor Bussey. The first presentation was the Consent Agenda, consisting of the following items (a) The Minutes of the previous meeting held September 1, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1981. (c) Resolution No. 6,662, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR VEHICLE FILTERS, POLICE UNIFORMS, VETERINARY CARE FOR ZOO ANIMALS, THE 20TH AND SCHILLER DRAINAGE PROJECT, AND FOR COMPUTER EQUIPMENT; DECLARING AN EXCEPTIONAL SITUATION AND WAIVING COMPETITIVE BIDDING IN THE CASE OF THE PURCHASE OF COMPUTER EQUIPMENT; AND FOR OTHER 1 PURPOSES. (d) A Motion setting the date for public hearing on October 6, 1981 on Zoning Appeal (Z -3718) to rezone 15603 Cantrell Road, from "R -2" Single - family to "C -4" Open Display District, denied by the Planning Commission. (e) Resolution No. 6,663, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE RAINTREE LANE BETWEEN RESERVOIR ROAD AND BROOKSIDE DRIVE IN R. D. DUNCAN'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. I (f) Resolution No. 6,664, containing the following title: A RESOLUTION EXPRESSING SINCERE GRATITUDE AND APPREICATION TO DR. FREDERICK T. GUY FOR 50 YEARS OF DEDICATED SERVICE TO THE MT. ZION BAPTIST CHURCH. By a motion from Director Keith, seconded by Director Langston, which was adopted by voice vote of 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) Resolution No. 6,662 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstaining - Director Jones - total 1, due to conflict of ' interest on purchase of vehicle filters from Arkla Supply Company; Absent - None; (d) Motion adopted setting date for public hearing on October 6, 1981 on Zoning Appeal Z -3718, to rezone 15603 Cantrell Road; and Resolution Nos. 6,663 and 6,664 were read in full and adopted by the following roll call vote: Ayes - Directors SEPTEMBER '15, 1981, Cont'd. Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. On August 18, 19,81, the Board of Directors voted to reconsider the approval of a ' Planned Unit Development (Z- 3682 -A) located near the intersection of Rocky Valley and Imperial Valley Drives, north of Pleasant Valley Waterworks, for "Fountain Square" condominiums; which was denied by the Planning Commission on July 7, 1981. The public hearing was set for September 15, 1981, with notice thereof and map being duly publish ed as required by Ordinance. At this time, Mayor Bussey declared the public hearing open and Mr. Ralph Bozeman, Architect for the project made a slide presentation of the proposed condominium development. Mr. Bozeman commented that this proposal is not an evil, its simply progress. Upon question by Director Langston, Mr. Bozeman advised that the development would be constructed of 80o to 90% brick. He pointed out that if this project is not approved, with the property being currently zoned for single-family, forty -five moderately priced homes will be built on lots ranging from $13,000 to $15,000, which is not comparable to surround properties. A large group of property owners in Pleasant Valley was present regarding the issue. Ms. Demmy Steppe, represen ing the Pleasant Valley Property Owners Association stated: "we are being forced to — choose between the best of two evils." Others addressing the issue were: Ray Robin- son, Earline Melton, Dr. George Gillian and Vail Paschal. Mr. Paschal requested that the Board make no decision at this time and allow it to be heard at least two more times. There,was no further discussion and Mayor Bussey declared the public hearing closed, with the proposed Ordinance being presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT ti 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; and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second reading. A roll call was taken on the motion to suspend the rules with the results being: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 5; Noes - Director Langston - total 1; Abstaining - Director Jones total 1; Absent - None. Director Langston explained his "no" vote was intended to give the people more time to think about the matter, while Director Jones advised that her abstention was due to pending circumstances that could result in a conflict of interest. With the rules being suspended, the Ordinance was read the second time and again, a roll call was taken on a motion made and seconded by Directors Hubbell and Shackelford, respectively, with the results recorded as follows: Ayes - Mayor Bussey and Director Hubbell - total 2; Noes - Directors Keith, Langston, Weeks and Shackel- ford - total 4; Abstaining - Director Jones - total 1; Absent - None. With the motion for further suspension of the rules having FAILED, the proposed Ordinance remained on the calendar for third and final reading. At 8:20 P. M., Mayor Bussey announced there would he a ten minute recess. The Board of Directors reconvened at 8 :30 o'clock P. M. with Mayor Bussey presiding and the following Board Members answering roll call: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. , lit It DOCUMENT LIST BY DATES DATE OF DOCUMENTS: 09/04/84 DOC.# /AUTH. FILE LOC. KEY RESOLUTION 7252 R7 /E6 BIDS CONTRACTS CARSON & ASSOC POLICE PISTOL RANGE' (ARCH ST) RESOLUTION 7253 R7 /E9 CITY ATTORNY FILE SUIT PULASKI COUNTY TAX COLLECTIONS RESOLUTION 7253 R7 /E9 CITY ATTORNEY FILE SUIT OFFICE RENTAL TAX MONIES RESOLUTION 7253 R7 /E9 CITY ATTORNEY FILE SUIT VENHAUS V BD OF EDUCATION RESOLUTION 7254 R7 /E10 CITY ATTORNEY OUTSIDE COUNSEL HIRE JAMES L SLOAN RESOLUTION 7254 R7 /E10 CITY ATTORNEY OUTSIDE COUNSEL AUTRY V LAWRENCE ET AL RESOLUTION 7255 R7 /E11 POWER T O ACQUIRE EHALFEELKE7ORIGACITY RESOLUTION 7255 R7 /Ell EMINENT DOMAIN ELK 7 ORIG CITY PARKING DECK MAIN ST MARKET RESOLUTION 7255 R7 /ElI UDAG MAIN ST VENTURES PARKING DECK ELK 7 ORIG CITY MINUTES M4 /A4 LR WASTEWATER UTILITY 1983 AUDIT REPORT MINUTES M4 /A5 CITIZEN COMMUNICATIONS HYDE MABELVALE ALEXANDER SEWER DIST MINUTES M4 /A5 CITIZEN COMMUNICATIONS HYDE REPLACE COMMISSIONERS DIST 142 MINUTES M4 /A5 CITIZEN COMMUNICATIONS ROUPE SIDEWALKS MABELVALE SCHOOLS MINUTES M4/A5 -6 ZONING APPEAL HEARING Z4260 6902 BRIARWOOD SPECIAL USE MINUTES M4 /A6 AMBULANCE AUTHORITY RECOMMEND LONG TERM FINANCING MINUTES M4 /A6 ZONING CONDITIONAL USE PERMIT Z4281 3110 S BATTERY ST MINUTES M4 /A6 ZONING CONDITIONAL USE PERMIT 24282 MABELVALE CUTOFF & TOPAZ MINUTES M4 /A6 ZONING CONDITIONAL USE PERMIT 24289 9300 GEYER SPRINGS MINUTES M4 /A7 ZONING PUD Z4292 (SHORT FORM) FOREST PLACE PARK PCD MINUTES M4 /A7 STREET CLOSURE PUBLIC HEARING E ROOSEVELT RD BAKERS REPLAT MINUTES M4 /A7 STREET CLOSURE E ROOSEVELT RD BLR 18 & 19 FACTORIA 3RD ADD MINUTES M4 /A7 ANNEXATION CARTER LANE (1ST READING) MINUTES M4 /A7 AIRPORT REVENUE BONDS REFUNDING BONDS 1ST READING MINUTES M4 /A8 SEWER REVENUE BONDS LITTLE MAUMELLE SEWERAGE FAC DATE OF DOCUMENTS: 09/05/84 DOC.4 /AUTH. FILE LOC. KEY RESOLUTION 7256 R7 /E12 DIRECTOR BOB HESS ACTING MAYOR SPECIAL MEETING 9/5/84 RESOLUTION 7257 R7 /E13 APPOINT DICK HERGET CITY DIRECTOR POSITION 6 MINUTES M4 /A9 NOTICE OF SPECIAL MEETING BOARD OF DIRECTORS 3 SEPTEMBER 15, 1981,'Cont''d. Introduced next was Ordinance No. 14,111, containing the following heading: AN ORDINANCE AUTHORIZING A FRANCHISE TO BE GRANTED TO MARKHAM INN TO UTILIZE A PORTION OF THE RIGHT -OF -WAY LOCATED IN THE ALLEY BEHIND MARKHAM INN AT 5120 WEST MARKHAM STREET; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time; having been read the first and second times on September 1, 1981. There was an Aye and No Vote taken on the question Shall the Ordinance Pass, with the response being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Zoning Application 'Z'- 3'7'40 was the next presentation from C. T. and Elizabeth J. Saugey, to rezone property on Highway #10 (long legal description), "Saugey Antiques ", from "R -2" Single - family District to 11C -3" General Commercial District, as approved by the Planning Commission on August 25, 1981. The Planning Staff had recommended that the application be denied. A large group of property owners in the vicinity was present to oppose the rezoning. Mr. Don R. Venhaus, Land Use Consultant representing the applicants, was the first person to speak. He presented an executed agreement relating to temporary rezoning of the property, stipulating that: (a) Owners will maintain the existing use of the property, and will make no other use of the land or improvements throughout the term of the agreement; (b) Owners agree to provide written notice to City Manager sixty days prior to any sale or transfer of interest in the subject property and to accept without objection, the restoration of the original R -2 zoning, prior to any transfer or conveyance of interest; and (c) Owners understand and agree that twelve months, from the effective date of an ordinance rezoning the subject property to C -3 Commercial, the Board of Directors will downzone or return the zoning of the subject property to R -2 Single Family Residential. Mr. Don Venhaus requested those present in support of the rezoning to stand; and outlined zoning classifications of the adjacent properties, as well as the history of the subject property. Directors Hubbell and Jones were concerned with the agreement being for a period of twelve month and was under the impression that the applicants wanted to enclose the porch to provid more room for the antique business, which should not require a period of twelve months. Director Shackelford favored enclosing the porch, but was concerned with the twelve month time -frame of the agreement. She reminded the Board had been cautioned.about rezoning for the purpose of downzoning. Dr. Robert McGrew stated there are four or five antique places in the neighborhood and the proposal is not an appropriate change. Mr. R. L. Sanford opposed because he felt something more was involved than an antique shop. Other opposing speakers were Mrs. Grace Miller and Mrs. Chester Phillips. Mr. Nathaniel Griffin, Director of Comprehensive Planning did not favor "manipulating" the_ Zoning Ordinance in this way, stating it would commercialize the Highway #10 Corridor. Upon question by Board Members, Mr. Venhaus stated that in addition to enclosing the porch, the applicant desires to replace an old utility building, to be used for repair In discussion among the Board of Directors, Director Keith suggested that Mr. Venhaus and City Attorney Jack Magruder get together and draw up something and move on with it. Director Jones said, "I still would like the Board to consider Staff recommendations ' to allow the Zoning Ordinance to be changed to allow antiques as a non - conforming use in agricultural zoning, which would solve Mrs.'Saugey's real need; while I oppose the � plan presented by Mr. Venhaus, I am amenable to working out something for Mrs. Saugey; I and I urge the Board to consider the Staff's recommendation." Upon question by 4 i SEPTEMBER '15, 1981, Cont'd. Director Langston, Mr. Venhaus advised that he amended the Zoning Application to include the Agreement he had just presented to the Board. After discussion, a proposed ordi- nance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ARKANSAS ' I HIGHWAY #10 AND TAYLOR LOOP 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 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; 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 - Director Langston - total 1; Noes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Absent - None. It was then announced that the Ordinance had FAILED. In conjunction with the above proposed Ordinance, which failed, a motion was made I by Director Keith, seconded by Director Langston, that "we direct City Manager Mahlon Martin to issue a building permit to the Saugeys, subject to the fact that Staff is going to present to us a Conditional Use in that classification and that she agrees to go through that process." A roll call was taken on the Motion with the response being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - Director Hubbell - total 1; Absent - None. Therefore, the I Motion was adopted. At 9:50 P. M., Mayor Bussey announced there would be a five minute recess. ' The Board of Directors reconvened at 9:55 o'clock P. M. with Mayor Bussey presid- ing and the following Board Members answering roll call: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. The next presentation was Ordinance No. 14,112, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR I THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING AN INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND DOUG BRANDON PROPERTIES, INC., AS LESSEE; AUTHOR- IZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECT- ION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time; after which there was a motion from Director Hubbell, seconded by Director Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended at this time to allow for the third and final reading of the Ordinance ✓ I - 5 � SEPTEMBER '15, 1981, Cont'd. i by a motion made by Director Jones and seconded by Director Shackelford, which motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; .Noes - None; Absen None. 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; I Absent - None. Therefore, it was announced that the Ordinance together with the Emergency Section had PASSED. Zoning Application No. Z -3735 submitted by Irtle Paxton, Agent for Rufus F. and Cosey Sorrells, to rezone the East 330 ft. of Tract 7, Hillvale Addition, located at the N/W Corner of West Markham and Gamble Road, from "R -5" Urban Residence to "0 -3" General Office District, approved by the Planning Commission. The Staff recommended denial of the proposal. Rev. Rufus Sorrells, a retired Methodist Minister and owner of the property told the Board he had owned this property for a number of years and would now like to receive a return from it and asked the Board of Directors to approve the rezoning. Dr. C. William Ball, the prospective purchaser, explained that it is his desire to purchase the property and construct a family practice medical clinic. It was the opinion of the Planning Staff that the demand for this site was misplaced, therefore recommended denial of the application. There was no further discussion and the Ordinance to rezone the property was placed on first reading. (See Ordinance No. 14,113 as follows) Ordinance No. 14,113 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST MARKHAM STREET AND GAMBLE 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 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; 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 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, Mayor Bussey, Directors Shackelford and Hubbell - total 6; ' Noes - Director Jones - total 1; Absent - None. Whereupon, the Ordinance was. declared PASSED. I 6 SEPTEMBER 15, 1981, Cont'd. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 3468 -A - From Bill Hastings for E. M. Pfeifer to rezone the West 300 ft. of Lot 7R, Triangle Properties, located at 8323 New Benton Highway, from "R -2" Single - family District to 11I -2" Light Industrial District. Z- 3538 -A - From Joyce C. Huie for Richard C. Clifton, to rezone 2720 -23 Johnson Street, described as Lots 4, 5 & 6, Block 10, C. E. Gallagher's Addition, from "R -3" Single - family and "C -4" Open Display to "C -3" General Commercial District. Z- 3686 -A - From Randell Breece to rezone 3219 West Markham Street in the City of Little Rock, from "R -5" Urban Residence District to "R -3" Single - 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. 14,114 as follows) Ordinance No. 14,114 was presented, containing the following title: i AN ORDINANCE RECLASSIFYING THE 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 Shackelford 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 Keith, seconded by Director Weeks, to again suspend the rules and place the Ordinance.on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance after which an Aye and No Vote was taken on the passage of th Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following Rezoning Application was presented under the Conversion Strategy Adjustment procedure: Z -3742 - From Olan Asbury for Marion Burton to rezone the northwest corner of 3rd and Chester Streets, described as the East 75 ft. of Lots 7, 8 & 9, Block 258, Original City of Little Rock, from "C -4" Open Display District to "C -3" General Commercial District. There was no one present to speak in opposition to the zoning conversion and Ordinance No. 14,115 was presented containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF 3RD & CHESTER 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. A motion was then made by Director Shackelford 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 read the second time, resulting in a motion made 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 unanimously adopted by voice vote of the SEPTEMBER 15, 1981, Cont'd. members 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,116, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENT INTEREST FUNDS FOR THE WEST MARKHAM STREET IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MEHLBURGER, TANNER, RENSHAW AND ASSOCIATES IN THE AMOUNT OF $81,570.00 FOR THE DESIGN OF THE WEST MARKHAM STREET IMPROVEMENT PROJECT; 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 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. 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 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, follow ed 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 14,117 was next presented, entitled: AN ORDINANCE EXTENDING THE MORATORIUM ON THE ISSUANCE OF DEMOLITION PERMITS FOR STRUCTURES IN THE AREA OF THE CENTRAL HIGH SCHOOL CDBG NEIGHBORHOOD; AND FOR OTHER ' PURPOSES; and the Ordinance was read the first time. Mr. Robin Borne', Survey Co- ordinator for the Central High Neighborhood presented a summary documenting the physical structures located within the Central High CDBG boundaries in order to determine their architectural and historical significance, to date. He requested the Board of Directo grant an extension of 60 days to the demolition moratorium that expired September 5, 1981, in order to allow the completion of survey work now underway, and to allow time for preliminary analysis of the information gathered. Mr. Ralph Megna, Executive Director of the Quapaw Quarter Association and Mr. Gary Brooks, 1515 Schiller Avenue, also spoke in favor of the extension. Rev. John H. Robinson, Pastor of the Bullock Temple C.M.E. Church spoke in opposition to the extension. The moratorium was implemented six months ago when the Church started to tear down a house at 1524 Schill Avenue. Mr. Curtis Johnson and Mr. Robert "Say' McIntosh, also voiced opposition to the extension. Director Hubbell suggested that if the Church desires a demolition permit, it can be placed on the Agenda and the Board may consider it at the next regular meeting. There was no further discussion and 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; with the motion being unanimously SEPTEMBER 15, 1981, Cont'd. 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 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 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, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Bussey - total 1; 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, Weeks, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Bussey - total 1; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had PASSED. A Public Hearing had been scheduled for this time and place on an Ordinance to adopt the 1979 Standard Fire Prevention Code with 1980 Amendments. Mayor Bussey declared the Public Hearing open and when no one wished to speak either for or against I the matter, the Hearing was closed and the Ordinance was placed on first reading. (See Ordinance No. 14,118 below) I Ordinance No. 14,118 was presented, described as: AN ORDINANCE TO ADOPT THE 1979 STANDARD FIRE PREVENTION CODE WITH 1980 AMENDMENTS 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 Hubbell, 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; after which a motion was again made by Director Hubbell, 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 un- animous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had also been advertised and scheduled for this time and place, on an Ordinance to adopt the 1979 Edition of the Standard Building Code, with 1980 I Amendments. The Public Hearing was opened by Mayor Bussey and when no one appeared to speak in support, or in opposition, the Hearing was declared closed and the last Ordinance to be considered, being No. 14,119, was presented, with the title being: AN ORDINANCE ADOPTING THE STANDARD BUILDING CODE AS THE BUILDING CODE FOR THE CIT OF LITTLE ROCK, ARKANSAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN , ORDINANCES; PROVIDING A PENALTY FOR VIOLATION THEREOF; 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 1 7 L 1 SEPTEMBER 15, 1981, Cont'd. 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, 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 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 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 10:30 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, October 6, 1981. ATTEST: �'� APPROVED: City Clerk Mayor LO ` Board of Directors Chamber Little Rock, Arkansas I September 30, 1981 - 4:00 P. M. i The Board of Directors of the City of Little Rock, Arkansas,met in Special Session with Mayor Charles Bussey presiding and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Langston, Weeks, Shackelford and Jones total 5; Absent - Director Hubbell - total 1. Mayor Bussey then read the Notice of Special Session, as follows: "September 30, 1981 NOTICE OF SPECIAL MEETING: A special meeting of the Board of Directors is being called for Wednesday, September 30, 1981 at 4:00 p. m. in the Board of Directors Room at City Hall, for the purpose of considering the issuance of tourism revenue bonds. /S/ Charles Bussey Mayor Signed by: A. M. "Sandy" Keith Myra Jones John Langston ' , Lottie Shackelford Gale F. Weeks" There being a quorum in attendance, the following proceedings occurred: The first and only matter to be considered was Resolution No. 6,665, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND LA QUINTA MOTOR INNS, 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 $5,000,000) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey and Director Shackelford - total 5; Noes - None; Abstaining - Director Jones - total 1; Absent - Director Hubbell - 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 Langston, seconded by Director Shackel ford, and by unanimous vote of the Board Members present, the meeting was adjourned at 4:10 o'clock P. M. to meet again in regular session on Tuesday, October 6, 1981 at 7:30 o'clock P. M. ATTEST: A APPROVED: `O✓�i�'�"" City Clerk Mayor 11 i I Board of Directors Chamber I Little Rock, Arkansas October 6, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and City Clerk Jane Czech, and the following Directors were present: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Keith. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the previous meeting held September 15, 1981 and the Special Meeting held September 30, 1981. (b) Resolution No. 6,666, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR RENOVATION OF THE JAIL FACILITY; AND FOR OTHER PURPOSES. (c) Resolution No. 6,667, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE MARYLAND (9th) STREET BETWEEN FAIR PARK AND TYLER STREETS, IN PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date October 20, 1981) (d) Resolution No. 6,668, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO.VACATE ALLEY IN BLOCKS 2 AND 7, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date October 20, 1981) (e) Resolution No. 6,669, containing the following title: A RESOLUTION SETTING THE DATE OF OCTOBER 20, 1981, FOR A PUBLIC HEARING ON THE BOARD OF DIRECTORS' CONSIDERATION OF THE VACATION OF A PORTION OF TYLER STREET IN PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (f) Resolution No. 6,670, entitled: A RESOLUTION SETTING THE DATE OF OCTOBER 20, 1981, FOR A PUBLIC HEARING ON ZONING CASE NO. Z- 3614 -A, PROPERTY LOCATED ON MARA LYNN ROAD, APPROXIMATEL I 1,320 FEET WEST OF NAPA VALLEY DRIVE; AND FOR OTHER PURPOSES. By motion of Director Weeks, seconded by Director Langston, with all Board Members present and voting Aye, the Consent Items were dispensed with as follows: (a) The. Minutes were approved as written and summarized to the Board of Directors; and (b, c, d, e & f) Resolutions No. 6,666, 6,667, 6,668, 6,669 and 6,670 were read in full and adopted by the following roll call: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A proposed Ordinance was then presented, with the following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT ' IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6.101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; (For: La Quinta Motel to be located at I -630 and Fair Park Blvd.) and the Ordinance was read the first time. City Manager Mahlon Martin commented that J 12 OCTOBER 6, 1981, Cont'd. inasmuch as it will be necessary to close certain streets and alleys in the area to construct the project, with public hearings to be held on October 20th, the Board of Directors might wish to leave the Ordinance on the calendar for second reading at that time. The Planning Commission had approved the project contingent upon agreement to ' close streets. The Board of Directors then agreed to leave the Ordinance on the cal- endar for second reading on October 20, 1981. A public hearing had been advertised and scheduled for this time and place on a proposal to extend Evergreen Road from Brookside Drive to Reservoir Road, just north of Grassy Flat Creek. Mayor Bussey announced the opening of the public hearing with approximately 100 persons present from the Leawood area, in opposition to the proposed project. Mr. Don Venhaus, Planning Consultant, made the proposal on behalf of three landowners who had agreed to dedicate the right -of -way if the City would build the street. Mr. Venhaus contended that the extension would improve the circulation of traffic through the area. Both the 'extension and the drainage improvements are outline in the City's Master Street and Development Plans. Mr. Don Riggin of 8600 Evergreen Road presented a protest petition containing approximately 530 signatures and pointed out the street is steep and tortuous in places, and that the prevailing attitude for ' certain intersections was to "close your eyes, pray and gun it to get across." Other opposing speakers were: Robin Montgomery, Floyd Raney and Rosalie M. Cheatham. There was no further discussion and Mayor Bussey closed the public hearing, with the proposed Resolution to pursue studying the project presented as follows: A RESOLUTION DIRECTING STAFF TO PURSUE ITS STUDIES OF THE PROJECT FOR THE EXTENSION OF EVERGREEN FROM ITS PRESENT TERMINUS TO RESERVOIR ROAD; AUTHORIZING THE ENGINEER FOR THE BROOKSIDE PROJECT TO REVISE THE ENGINEERING PLANS FOR THE PROJECT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Shackelford that the Resolution be adopted. The motion was seconded by Director Keith and the outcome of the Aye and No Vote is recorded as follows: Ayes - None; Noes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total Absent - None. The next matter to be considered was a proposed Ordinance, with the title being: , AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT I 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; (11.27 Acres near Rocky Valley and Imperial Valley Drives) with the Ordinance being read the third and last time, having been read the first and second times on September 15, 1981, at which time the Board of Directors, on their own motion, held a public hearing to reconsider the PUD that was denied on July 7, 1981 (See Minute Record A -6; 7- 7 -81). Before a vote was taken on passage of the Ordinance, a discussion was held with Mr. Ralph Bozeman, Architect, making a presentation for the developers. Mr. Bozeman opened his comments by saying the project is a just cause that had received the approval of the Planning Commission. Again, Mr. Bozeman pointed out the development consists of 45 condominium units with a buffer strip to be provided, along with other amenities. Dr. Roy Melton of 11024 Rocky Valley Drive told the Board ' of Directors that he prefers condominiums next door because they would generate less traffic and less noise. Mr. Marion Burton, President of Pleasant Valley, Inc. stated that condominiums are'much more in keeping with Pleasant Valley and more appropriate, than single - family on smaller lots would be." Mr, Don Burkett, President of Pleasant I { I 13 OCTOBER 6, 1981, Cont''d. Valley Property Owners Association, said the condominiums may be of high quality, but the density is excessive and there is no other access except through residential street There was no further discussion and a roll call was taken on the question, Shall the Ordinance Pass, which received the following response: Ayes - Director Hubbell - total 1; Noes - Directors Keith, Langston, Weeks, Mayor Bussey and Director Shackel- ford - total 5; Abstaining - Director Jones - total 1; Absent - None. Therefore, it was announced that the Ordinance had FAILED to pass. A public hearing had been advertised and scheduled for this time and place on the issuance of a conditional use permit to Olan Asbury for property located at 7426 Cantre Road (Z- 3727), for a mini- storage facility. The public hearing was set by the adoption I of Resolution No. 6,652 on September 1, 1981, when the Board of Directors chose to I reconsider the matter after it was denied on August 4, 1981 (See Minute Record A -6, 8- 4 -81). Mayor Bussey declared the public hearing open and Mr. Asbury made a slide presentation of the proposed facility and explained surrounding commercial uses. He also filed letters from four adjacent property owners stating they had no objections to the storage facility. He pointed out the street to the facility is twenty -five feet ' wide; he anticipates closing at dark; and, the proposal has met staff requirements. After questioning by Director Jones, Mr. Asbury explained the construction features and how the facility will be protected from fire, but said "these will burn." With no further discussion, Mayor Bussey declared the public hearing closed and Ordinance No. 14,120 was presented, containing the following title: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 7426 CANTRELL ROAD (Z -3727) SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion then followed which suspended I the rules and placed the Ordinance on its second reading, with the motion being made by Director Langston, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 reading of the Ordinance by a motion made and seconded by Directors Shackelford and Keith, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The 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 - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes Director Hubbell - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,121, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 801 HARRING- TON STREET (Z- 3746), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For expansion of an existing Church use) 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 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 14 I OCTOBER-6,_1981, Cont'd. 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 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 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,122 was presented; entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT HINSON ROAD AT NAPA VALLEY ROAD (Z- 3745), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To allow use of this property for church parking, offices and classrooms) which Ordinance was read the first time. The rules were then suspended and the Ordi- nance placed on its second reading by a motion from Director Keith, seconded by Directol Weeks, 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 Keith, seconded by Director Jones, that the rules be suspended and the Ordi- nance 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared that the Ordinance had PASSED. The next presentation was Ordinance No. 14,123, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED PARHAM PLACE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SEC. 6.101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER ' PURPOSES; (Lot 1, Parham Place, located on Rodney Parham Road north of I -630 and south of Markham Street) and upon first reading of the Ordinance, there was a motion by Director Keith to suspen the rules and place the Ordinance on its second reading. The motion received a second by Director Weeks 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 followe from Director Keith, 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 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. 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, Langsto ' Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Resolution No. 6,671 was presented, with the title being: I 15' OCTOBER 6, 1981, Cont'd. A RESOLUTION ACCEPTING AND APPROVING THE RECOMMENDATIONS OF THE LITTLE ROCK I PLANNING ADVISORY COUNCIL EXECUTIVE COMMITTEE FOR TITLE II -B FISCAL YEAR 1982 FUNDING; i AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. A discussion ensued in which Director Jones asked Mr. Charles Mobley, Director of the CETA Program questions concerning the number persons trained in the Little Rock School District program. Mr. Mobley introduc Ms. Rose Douglas, Director of the CETA Program for the Little Rock School District, who advised that thirty persons were trained last year in the program; and, of the thirty persons trained, ten were absorbed by the School District and the other twenty are employed in other fields of work. There was no further discussion and a motion follow- , ed from Director Shackelford, seconded by Director Hubbell, 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, Mayor Hussey, I Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,672 was the next presentation, entitled: A RESOLUTION STATING THE INTENT OF THE BOARD OF DIRECTORS TO RECONSIDER ZONING `SETTING ' CASE NUMBER Z -3720; THE DATE OF OCTOBER 20, 1981, FOR A PUBLIC HEARING ON THE RECONSIDERATION OF ZONING CASE NUMBER Z -3720; AND FOR OTHER PURPOSES; i (Property located at 5915 Windamere Drive, described as Lot 1, Windamere Subdivision; Planning Commission approved "C -1" Neighborhood Commercial District; Board of Directors denied August 18, 1981 when opposition presented; See Minute Record No. A -6; 8- 18 -81.) 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 i taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - Director Hubbell - total 1; Absent - None. Zoning Petition No. Z- 2848 -F submitted by Jack Castin for Norman Holcomb Company, to rezone 12.57 acres located immediately north of Hillsborough, on the southwest portion of Hinson Road behind Windsor Court, from "R -4" Two - family District to "MF -6" Multi- family District, as approved by the Planning Commission on September 29, 1981. ' There was no one present to speak either for or against the proposal, but City Manager Mahlon Martin made a brief Staff Report advising that the Staff had met with the applicants and covenants for transfer of density and the dedication of right -of -way had been secured. There was no further discussion and Ordinance No. 14,124 was introduced, containing the following heading: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED OFF HINSON ROAD JUST WEST OF WINDSOR COURT CONDOMINIUMS 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 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. There was a second reading of the Ordinance, after which there was a subsequent motion made by Director Hubbell, 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 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 16 I OCTOBER 6, 1981, Cont'd. response being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Presented for consideration this time the Olan J. Asbury, , at was petition of Agent for Reservoir Heights Partnership, et al, requesting the closure of the portion of Raintree Lane starting from the NW corner of NW; SW; Section 35, T -2 -N, R -13 -W, southerly 646' to a point, thence easterly 30' to point of beginning, thence easterly 617' to a point, thence southerly 40' to a point, thence westerly 617' to a point, thence northerly 40 feet to a point of beginning containing 24,680 square feet, more or less, as approved by the Planning Commission. Attached to the petition was a certification from Beach Abstract & Guaranty Company of last apparent owners of record whose property abuts said street. Also, attached to the petition was a certified copy of the plat of Duncan's Addition to the City of Little Rock, on record in the I Pulaski County Circuit Clerk's Office. A public hearing had been scheduled for this i time and place by Resolution No. 6,663, with notice thereof having been duly published on September 22, 1981 and September 29, 1981 as required by Law. 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- described street was placed on first reading. (See Ordinance No. 14,125 as follows) Presented at this time was Ordinance No. 14,125 containing the following caption: AN ORDINANCE VACATING AND CLOSING RAINTREE LANE WHICH RUNS EAST OFF RESERVOIR ROAD BETWEEN BLOCKS 3, 4, 5 AND 6, R. D. DUNCAN'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 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 Ordi- nance at this time, with the motion being made by Director Hubbell, 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 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It I was announced that the Ordinance had PASSED. A public hearing had been scheduled for this time and place regarding the issuance of a demolition permit to demolish a house located at 1524 Schiller Avenue. Mayor Bussey declared the hearing open and Rev. John H. Robinson, Pastor of the Bullock Temple C.M.E. Church was the first speaker. He stated the Church needs the property for a parking lot and asked, "is it more feasible to have a shabby house remain or remove it- - -what historical value does it have if it can't be restored at a reasonable price ?" In conclusion, he asked that the Church be issued a demolition ' permit. Mr. Manuel Twillie also spoke in favor of the demolition permit stating, "we need parking and expansion for our Sunday School, we have tried to use the house, but it does not work for us." Mr. Gary Brooks of 1515 Schiller Avenue, who is president of the Central High Neighborhood, Inc., presented a petition signed by residents of HIM OCTOBER 6, 1981, Cont'd. the area supporting the efforts to save the house and to insure that any development on that property will meet all city requirements for the development of such property, and will not detract from the unique residential character of the Central High Area. ' Mr. Ralph Megna, Executive Director of the Quapaw Quarter Association, requested that the Board of Directors "deny the issuance of a demolition permit; and if this fails, that you consider the suggestion of the neighborhood group to defer the issuance of a demolition permit pending the issuance of a conditional use.permit." Upon question by Board Members, Mr. Nathaniel Griffin advised that before anything is done with the property, there would have to be a conditional use permit issued. There was no further discussion and the public hearing was declared closed. (See Ordinance No. 14,126, as follows) There was presented Ordinance No. 14,126, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF A DEMOLITION PERMIT TO DEMOLISH A HOUSE LOCATED AT 1524 SCHILLER AVENUE; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Keith, 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 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 made by Director Shackelford and seconded by Director Keith; which motion was adopted by un- animous 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. 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Mayor Bussey announced that the Resolution appearing on the Official Agenda, approving an interlocal cooperation agreement relating to the tax exempt financing of multi - family residential housing facilities, had been withdrawn from the Agenda. ' Therefore, no action was taken at this time. 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 Westpark Development Company. The public hearing was declared open by Mayor Bussey who invited speakers to come forward. Attorney Watt Gregory, III was present to answer questions by Board Members, but n,o 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. 14,127 below), Ordinance No. 14,127 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT 9 OF 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR THE COST OF SECURING AN 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 LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, AS LESSOR AND WESTPARK DEVELO MENT COMPANY, 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 18 I OCTOBER 6, 1981, Cont'd. OF THE LEASE AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Not to exceed $1,385,000) and there was a first reading of the Ordinance. A motion was then made by Director , i 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 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 Shackelford 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 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, with the vote recorded as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, I I Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced by Mayor Bussey that the Ordinance, together with the Emergency Section had PASSED. Introduced next was Resolution No. 6,673, with the title being: A RESOLUTION AUTHORIZING THE SALE OF CITY -OWNED PROPERTY LOCATED ON THE SOUTHEAST CORNER OF 14TH AND IZARD STREETS TO MR. WILLIE JONES; AUTHORIZING A QUITCLAIM DEED TO BE GRANTED ON BEHALF OF THE CITY FOR CERTAIN PROPERTY LOCATED AT 7TH AND THAYER STREETS AND FOR OTHER PURPOSES; with the Resolution being read in full, and thereafter adopted by motion of Director Keith, seconded by Director Langston, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None;' Absent - None. ' Ordinance No. 14,128 was presented, containing the following title: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD AN ENGINEERING DESIGN AND ENGINEERING CONSTRUCTION MANAGEMENT SERVICES CONTRACT TO GARVER AND GARVER, INC. FOR THE V. A. STREET IMPROVEMENT PROJECT; APPROPRIATING TWO - HUNDRED AND SIXTY -SIX THOUSAND DOLLARS ($266,000.00) FROM INTEREST ACCRUED TO THE 1977 CAPITAL IMPROVEMENT PROJECT; i AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then supsended to allow for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion again 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 unanimou. , vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No roll call vote taken on the passage of the Ordinance is described as follows: Ayes - i D t 11 OCTOBER 6, 1981, Cont'd. 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. 14,129, described as: AN ORDINANCE REVISING AND AMENDING AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION, CONSTRUCTION, MAINTENANCE, AND CONNECTION OF BUILDING SEWERS; THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND FOR OTHER PURPOSES, ALL PERTAINING TO THE SEWER LINES AND SYSTEM WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS, AS SET FORTH IN ORDINANCE NO. 13,062, PASSED ON JULY 1, 1975; with said Ordinance being read the first time. There was a motion at this time which suspended the rules and placed the,Ordinance on its second reading, with the motion being made by Director Langston, seconded by Director Hubbell, and unanimously adopted by 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 read the second time, and an ensuing motion was again made by Director Langston, seconded by Director Hubbell, to ' again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance ha PASSED. The next matter to be considered was Resolution No. 6,674, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE ACQUISITION OF LAND IN AND ALONG ROCK CREEK LOCATED AT 20TH AND BOYLE STREETS FOR FLOOD CONTROL PURPOSES; AND FOR OTHER PURPOSES; (For 1, acres lying in and adjacent to Rock Creek for $15,500) with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Langston, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 14,130, 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 BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended and the Ordi- nance placed on its second reading, by a motion from Director Langston, which 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 - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from ' a motion again made by Director Langston, seconded by Director Hubbell, and unanimousl adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, OCTOBER 6, 1981, Cont'd. Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absen ' None. .It was then announced by Mayor Bussey that the Ordinance, together with the Emergency Section had PASSED. Resolution No. 6,675 was presented, described as: A RESOLUTION ACCEPTING THE REPORT FROM HODGES, VINES, FOX AND ASSOCIATES REGARD- ING THE FUTURE OF BLOCK 3, ORIGINAL CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Property owned by the City) with the Resolution being read in full, and thereafter adopted by motion of Director Langston, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Ordinance No. 14,131, containing the following caption: AN ORDINANCE ASSUMING RATE MODIFICATION AUTHORITY BY THE BOARD OF DIRECTORS WITH , REGARD TO RATES FOR THE CABLE TELEVISION SYSTEM IN THE CITY OF LITTLE ROCK AS PROVIDED IN SECTION 7.B(3) OF THE CONTRACT CONTAINED IN ORDINANCE NUMBER 13,790; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was made at this time to suspend the rules and place the Ordinance on its second reading, with the motion being made by Director Langston, 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 Ordinance was read the second time, and an ensuing motion was made by Director Langston, seconded by Director Hubbell, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors ' Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A proposed Resolution was presented (and adopted with action rescinded), with the title being: A RESOLUTION ESTABLISHING A REQUIREMENT THAT CONSENT BE GIVEN BY THREE OR MORE - MEMBERS OF THE BOARD OF DIRECTORS BEFORE AN ITEM IS PLACED ON THE AGENDA FOR THE CONSIDERATION OF THE BOARD; EXPRESSING THE BOARD'S INTENT THAT SUCH CONSENT DOES NOT MEAN A DIRECTOR IS GIVING A VOTE FOR OR AGAINST THE ITEM; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution with an ensuing motion from Director Keith, seconded by Director Hubbell, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Director Weeks, Mayor Bussey, Directors Hubbell and Jones - total 4; Noes - Directors Keith and Langston - total 2; Abstaining - Director Shackelford - total 1; ' Absent - None. Immediately after the adoption of the Resolution, a lengthy discussion evolved regarding the phrasing of the Resolution, specifically Sections 1 and 4. In an attempt to resolve the issue, a motion was made by Director Shackelford, seconded by Director Langston, "to reconsider the Resolution." A roll call was taken on the 21 'I OCTOBER 6, 1981, Cont'd. motion to reconsider the Resolution with the outcome being: Ayes - Directors Keith, Langston, Shackelford and Hubbell - total 4; Noes - Directors Weeks, Mayor Bussey and Director Jones - total 3; Absent - None. With the motion to reconsider the Resolution ' having been adopted,, there was further discussion and Director Hubbell moved, seconded by Director Jones,j "to amend Section 1 to change '3 members to 40% of those present and delete Section 4'." After lengthy discussion on the phrasing of Sections 1 and 4, Directors Hubbell and Jones withdrew the motion and second to amend and delete. In conclusion, Director Keith made a motion, seconded by Director Langston, that action on the adoption of the Resolution be rescinded. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, action In the Resolution as originally adopted was cancelled. The last item to be considered was Resolution No. 6,676, entitled: A RESOLUTION STATING THE POLICY OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK THAT NO ZONING APPLICATIONS WILL BE RECONSIDERED BY THE BOARD UNLESS AN EXTREME EMERGENCY IS SHOWN REAFFIRMING THE BOARD'S PREVIOUS POLICY WITH REGARD TO TIME ' LIMITATIONS ON ZONING RECONSIDERATIONS; AND FOR OTHER PURPOSES; and after the full reading of the Resolution, there was a motion by Director Shackel- ford that the Resolution be adopted. The motion was seconded by Director Hubbell and the outcome of the Aye and No Vote is recorded as follows: Ayes - Directors Keith, Weeks, Mayor Busse), Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Langston i total 1; 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, the meeting was recessed at 10100 o'clock P. M. to reconvene again on Wednesday, October 14, 1981 at 1:30 o'clock P. M. to consider issuance of Act 9 Bonds. ATTEST: (� APPROVED: V City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas October 14, 1981 - 10:00 A. M. An Administrative Public Hearing as advertised and required by Law, was held at 10:00 A. M., October 14, 1981, in the Board of Directors Chamber, City Hall, to hear citizen comments on proposed General Revenue Sharing Funds for the year 1982. Presiding ove the Public Hearing was Mrs. Susan Fleming, Assistant City ' Manager, who declared the hearing open and invited citizens to be heard at this time. With no one present who wished to address the issue, Mrs. Fleming declared the hearing closed and the Staff adjourned at 10:05 A. M. 22 fill Board of Directors Chamber Little Rock, Arkansas October 14, 1981 - 4:40 P. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the October 6, 1981 regular meeting with Mayor Bussey presiding, and Assistant City Clerk Robbie Hancock and the following Directors were present: Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. The Mayor announced that a quorum was present but that no action would be taken at this time on the issuance of Act 9 Bonds. A motion was made by Director Weeks, seconded by Director Langston, that Wednesday, October 14th through Saturday, October 17th, 1981 be declared "BEAT TEXAS WEEK ". A roll call was taken on the motion with the response being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Therefore, the motion was adopted. ' 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 adjourned at 4:45 o'clock P. M. to meet again in regular session on Tuesday, October 20, 1981, at 7:30 o'clock P. M. ATTEST: a APPROVED: City Clerk Mayor I Y 111123 Board of Directors Chamber Little Rock, Arkansas October 20, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Robbie Hancock, Assistant City Clerk, and the follow - ing Directors present: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared present and the proceedings of the meeting are as follows: The Invocation was given by Director Langston. The first presentation was a Certificate of Appreciation to Mr. Willard Johnson for his service on the Little Rock Planning Commission. Mayor Bussey presented the Certificate and Resolution No. 6,677, entitled (the Resolution appeared on the Consent Agenda as Item (g): A RESOLUTION COMMENDING MR. W. WILLARD JOHNSON FOR HIS DEDICATED AND UNSELFISH ' SERVICE TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Keith, seconded by Director Langston, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation'was the Consent Agenda, consisting of the following items: (a) Minutes of the previous meeting held October 6, 1981 and the reconvened meeting held October 14, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1981. (c) Resolution No. 6,678, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR IMPROVEMENTS TO THE LITTLE ROCK POLICE DEPARTMENT COMMUNICATIONS CENTER; ' WAIVING COMPETITIVE BIDDING; DECLARING AN EXCEPTIONAL SITUATION; AND FOR OTHER PURPOSES. (d) Resolution No. 6,679, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION AND SAVERS FEDERAL SAVINGS AND LOAN ASSOCIATION FOR THE CDBG REHABILITATION PROGRAM; AND FOR OTHER PURPOSES. (e) Resolution No. 6,680, described as follows: A RESOLUTION SETTING THE DATE OF NOVEMBER 17, 1981, FOR A PUBLIC HEARING ON AN APPLICATION FILED BY TOM ROBINSON FOR A PERMIT FOR ADDITIONAL TAXI- CABS; AND FOR OTHER PURPOSES. (f) Resolution No. 6,681, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALL THAT PORTION OF WEST STREET, NOT CLOSED, LYING SOUTH OF THE SOUTH RIGHT-OF- WAY LINE OF WEST MARKHAM STREET, AND WEST OF AND ADJACENT TO FORMER LOT 6, BLOCK 3, ARKANSAS HEIGHTS ADDITION (NOW ACREAGE), IN EXECUTIVE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be November 3, 1981) 24 I. OCTOBER 20, 1981, Cont'd. By a motion from Director Langston, seconded by Director Keith, which was un- animously adopted by the Board Members present, the foregoing items were dispensed with as follows: (a) The Minutes of the previous meetings were approved as written and , summarized; (b) The Comparative Statement was received and filed; (c, d, e, & f) Resolution Nos. 6,678, 6,679, 6,680 and 6,681 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, 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 the Parts Warehouse, Inc. The Public Hearing was declared open by Mayor Bussey who invited speakers to come forward. Attorney George Campbell was present to answer questions by Board Member 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 read- ing. (See Ordinance No. 14,132 below) Ordinance No. 14,132 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 CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AUTHOR- IZING A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND PARTS WAREHOUSE, 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; (Not to exceed $4,000,000) and there was a firest reading of the Ordinance. A motion was then made by Director Keith, 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 subsequently read 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 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 Ordi- nance. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. It was then announced by Mayor Bussey that the Ordinance, together with the Emergency Section had PASSED. JII 25 OCTOBER 20, 1981, Cont'd. i A Public Hearing had been scheduled for this time and place (See Resolution No. 6,670, 10 -6 -81) on the request by Mr. M. R. Godwin to rezone the property located I ' on Mara Lynn Road, approximately 1,320 feet east of Napa Valley (Z- 3614 -A) from "MF -24" Multi- family District to "C -3" General Commercial District. Mayor Bussey I declared the Public Hearing open. There was no one present who wished to speak; therefore, Mayor Bussey declared the Public Hearing closed. The proposed Ordinance to rezone the property was placed on first reading. (See Ordinance No. 14,133 below) Ordinance No. 14,133 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTH SIDE OF MARA LYNN ROAD, APPROXIMATELY 1,320 FEET EAST OF NAPA VALLEY 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; and the Ordinance was read the first time, followed by a motion from Director Hubbell, i 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 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 Hubbell and Jones, respectively, and unanimously adopted by the Board Members present, being sevein 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. Before the final vote was taken, Director Hubbell questioned whether the property was being zoned "C -3" and "0 -3 ", or "C -3" for the entire tract. Mr. M. R. Godwin, owner of the property, stated that his request was for "C -3" on the entire tract and the agreement was that the "C -3" zoning would be granted in exchange for the building of the road through the property. Director Langston stated that in the discussion at the Agenda meeting, the Board members present agreed on the "C -3" and "0 -3" zoning so the Ordinance was drawn as "C -3" and "0 -3 ". Nathaniel Griffin, Director of Comprehensive Planning, stated that "the issue is, do you act on a totally commercial application, ' or do you want to consider one with office. I cannot support a commit tment of commerci of that magnitude at that location." Director Hubbell then made a motion that the entire tract be zoned "C -3 ", and Director Langston seconded the motion. A roll call was taken on the motion to zone the entire tract of 10 acres to "C -3" with the outcome being: Ayes - Director Langston, Mayor Bussey, Directors Hubbell, Shackelford and Jones - total 5; Noes - Directors Keith.and Weeks - total 2; Absent - None. With the adoption of the motion to amend the Ordinance to "C -3" for the entire 10 acres, Mr. Godwin again stated that the agreement of the proposed purchaser of the property was to build the road, provided he,could obtain "C -3" zoning on the entire 10 acres, and Mr. David Jones, prospective buyer, concurred with Mr. Godwin. Director Hubbell stated: "The point is, if someone comes here and makes application for a rezoning, we don't have the right to arbitrarily change that zoning and vote on it." There was an Aye and No vote then taken on the question, Shall the Ordinance, as amended, Pass, with the vote recorded as follows: Ayes - Directors Keith, Langston, Weeks and Hubbell - total 4; Noes - Mayor Bussey, Directors Shackelford and Jones - total 3; Absent - None. It was then announced that the Ordinance, as amended, had PASSED. 26 OCTOBER 20, 1981, Cont'd. The next matter to be considered was a Public Hearing which had been set for this time and place to reconsider Zoning Case No. Z -3720 (See Resolution No. 6,672, adopted October 6, 1981) filed by Mrs. Birdie Durham to rezone the property at the corner of Geyer Springs and Windamere Drive (5915 Windamere Drive) from "0-3" General Office to ' "C -1" Neighborhood Commercial District. (Board of Directors denied this request on August 18, 1981.) Mayor Bussey declared the Public Hearing open. Mr. Jeff Pence, attorney representing the owner, Mrs. Birdie Durham, made the presentation, stating tha the Planning Commission approved the zoning request, Mrs. Durham thought the Planning Commission vote was the last vote, and she made an agreement with Mr. Rick Reynolds to place a barber shop in this building and Mr. Reynolds made substantial improvements. Then it came to the Board of Directors and was defeated. Mrs. Durham did not realize she should speak at that meeting. This property is located between I -30 and Baseline Road on Geyer Springs at an intersection controlled by a stop light. Opposition was that this zoning might cause traffic problems. There will be no great volume of traffi for a hair stylist and there is adequate parking on Windamere. This is a traffic controlled intersection and access is easy. There is no curb and gutter to cause problems. From I -30 to Baseline, only one residence is still zoned as residential, ' everything else is zoned commercial. There was no one present to speak in opposition. Mayor Bussey declared the Public Hearing closed, and the Ordinance was read the first time. (See Ordinance No. 14,134 below) Ordinance No. 14,134 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5915 WINDAMERE 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; and the Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading by a motion from Director Keith, seconded by Director Langston, 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 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 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. 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, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - Director Hubbell - total 1; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 14,135, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6.101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; (For: La Quinta Motor Inn to be located at Fair Park Boulevard and I -630) and the Ordinance was read the second time, having been read the first time on ' October 6, 1981. Following the second reading of the Ordinance, a motion was made by Director Keith, seconded 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 unanimousl adopted by a vote of the members of the Board of Directors present, being seven in 1111127 OCTOBER 20, 1981, Cont'd. 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, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstention - Director Jones - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Presented for consideration at this time were the petitions from Ralph Bozeman, Agent for B. G. Coney, et al. requesting the closure of Maryland (9th) Street between Blocks 2 and 7 (a 50' right -of -way between Fair Park Boulevard and Tyler Street run- . ning east and west), and the closure of the 12' alley running north and south splitting Blocks 2 and 7, Perry Heights from 10th Street to I -630. Attached to the petitions was a certified copy of the plat of Perry Heights Addition to the City of Little Rock, on record in the Pulaski County Circuit Clerk's Office; and a letter from Beach Abstrac and Guaranty Company certifying the last apparent owners of abutting property. A Public Hearing had been secheduled for this time and place by Resolution Nos. 6,667 and 6,668, with notice thereof having been duly published on October 9, 1981 and October 16, 1981 as required by Law. Mayor Bussey then declared the Public Hearing open. Mr. Bozeman made a presentation and showed slides of the area. He stated at a 10 ft. right -of -way would be dedicated on Fair Park Boulevard; 10th Street would be extended for one block; both sides would be curbed and guttered from Fair Park to what is now Tyler - a two block street; and, an opaque fence would be built. Opposition was presented by Mr. Gene O'Daniel, representing Our Child, Inc. located at 10th and Tyler Streets. Mr. O'Daniel also read a letter from Mrs. Moseley withdrawing her consent for closing Tyler Street, and presented a letter from Mr. Don L. Potter on behalf of his mother, Mrs. Leota Phillips, who opposed the closing of Maryland Avenue and Tyler Street. Mr. Buddy Villines presented a petition from 59 property owners in a 6 block area bounded by Tyler, I -630, Jonesboro Drive and 10th Street, asking that consideratic of the zoning of the property for the La Quinta Project be delayed until their property is considered for rezoning. They are in the Perry Heights Addition and are not part of the Oak Forest Plan that is being followed for this project. Mr. Wilbur Gentry, ' 5316 Maryland stated that he strongly opposed the closing of Maryland Street. Mayor Bussey then declared the public hearing closed, and an Ordinance to close Maryland Street was placed on first reading. (See Ordinance No. 14,136 as follows) Presented at this time was Ordinance No. 14,136, entitled: AN ORDINANCE VACATING AND CLOSING MARYLAND (9th) STREET BETWEEN BLOCKS 2 AND 7, PERRY HEIGHTS 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 Shackelford, 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. Upon the 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 Keith, seconded ' by Director Shackelford, and adopted by unanimous vote of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, 28 OCTOBER 20, 1981, Cont'd. Directors-Shackelford and Hubbell - total 6; Noes - None; Abstention - Directors Jones - total 1; Absent - None. It was announced that the Ordinance had PASSED. Introduced next (in connection with the foregoing public hearing and closing of Maryland Street) was Ordinance No. 14,137, entitled: ' i AN ORDINANCE VACATING AND CLOSING THE ALLEYS IN BLOCKS 2 AND 7, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS: and after a first reading of the Ordinance, there was a motion from Director Hubbell, 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 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 made by Director Keith and seconded by Director Shackelford, which motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Mayor , Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstention - Director Jones - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place regarding the closing of Tyler Street between I -630 and West 10th Street in Perry Heights Addition to the City of Little Rock, upon motion of the Board of Directors pursuant to Arkansas Statutes Ann. Sec. 19 -2304. The Public Hearing was set by Resolution No. 6,669 with notice thereof having been duly published on October 9, 1981 and October 16, 1981 as required by Law. Mayor Bussey then declared the Public Hearing open. The Public Hearing was held in conjunction with the closing of Maryland Street and the alleys in Blocks 2 & 7, Perry Heights Addition to the City of Little Rock for the La Quinta Motor Inn Project. (See Minutes above in connection with Public Hearing and Ordinance Nos. 14,136 and 14,137.) The Public Hearing was closed and an Ordinance to close Tyler Street was placed on first reading. (See Ordinance No. 14,138 as follows) , Presented at this time was Ordinance No. 14,138, with the title being: AN ORDINANCE VACATING AND CLOSING TYLER STREET BETWEEN I -630 AND WEST 10TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AND.FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended and the Ordi- nance 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 Keith, seconded by Director Shackelford, that the rules be sus- pended 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 Langston, Weeks, Shackelford and Hubbell - total 4; Noes - Directors Keith and Mayor Bussey - total.2; Abstention- Director Jones - total 1; Absent - None. It was then announced that the Ordinance had PASSED. 29 OCTOBER 20, 1981, Cont'd. The following Zoning Applications were considered next, as approved by the Plannin i Commission: Z- 3530 -A - From Robert J. Richardson for Kelton Brown, et al, to rezone the southeast corner of Barrow Road and Labette Drive from "R -2" Single - family District to "0 -1" Quiet Office and "R -4" Two - family Districts. Z -3750 - From Claudia Fagin for Earnest and Claudia Fagan to rezone the Southwest corner of First and Elm Streets, Mabelvale, Ark. (Lots 1, 2, 3, 4, 5 & 6, Block 27, I Town of Mabelvale) from "R -2" Single - family to "i -2" Light Industrial District. Z -3751 - From Harry Phillips for Ben Hopkins to rezone 36.76 acres on Mabelvale West Road, just east of Mabelvale School (long legal) from "R -2" Single - family 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. 14,139 as follows) Ordinance No. 14,139 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 Keith, seconded by Director Hubbell, that the rules be suspended and the Ordinance be placed 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, resulting in a motion by Director Keith and seconded by Director Langston, 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor ' Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent,- None. Therefore, the Ordinance was declared PASSED. Zoning Application No. Z -3755 submitted by T. J. Meyer for David Pickering and T. J. Meyer to rezone the south side of Rainwood Drive, 350 feet east of Green Mountai I Drive, from "R -2" Single - family to "C -3" General Commercial District, as approved by the Planning Commission, was the next presentation. The Staff recommended denial of the proposal. Attorney W. P. Hamilton responded to comments from Director Jones regarding the recent Arkansas Supreme Court case regarding property to the west of this location. There was no further discussion and the Ordinance to rezone the proper• was placed on first reading. (See Ordinance No. 14,140 as follows) Ordinance No. 14,140 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTH SIDE OF RAINWOOD DRIVE, 350 FEET EAST OF 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; I and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Langston, that the rules be suspended and the Ordinance be laced on second reading; with the motion being unanimously adopted by members of the 30 OCTOBER 20, 1981, Cont'd. 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, 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 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. i There was an Aye and No Vote then taken on the passage of the Ordinance, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey and Director Shackelford - total 5; Noes - Directors Hubbell and Jones - total 2; Absent - None. Therefore, the Ordinance was declared PASSED. Zoning Application Z -3722 was the next presentation from Ed Willis for Dr. Ed Gray to rezone the northwest corner of Napa Valley and Ridgehaven Road (long legal description) from "R -2" Single- family District to "MF -6" and "MF -12" Multi- family ! i Districts. Staff approved the zoning with an amendment to the Suburban Development Plan. Mr. Lynn Wassell made the presentation, stating that the project consists of 50 acres along Napa Valley Road. The proposal is for "MP-12" for the 20 acres along , I Napa Valley, "MF -6" for the 10 acres on Ridgehaven Road, and Planned Residential De- I velopment along the west 20 acres, with a major entrance off Napa Valley Road. Mr. Willis has agreed to give a 50 ft. buffer along the north, west and south sides of the PRD as well as along the west side of the "MF -6 ". The project has secured favorable reception from the abutting Marlowe Manor residents, as well as the St. Charles residen Mr. Willis stated one other commitment had been made; that on the "MF -6" there will be a 50 ft. open space area along the west and south lines along Ridgehaven and that there will be no ingress and egress on Ridgehaven to the "MF -6 ". Also, they have agreed to incorporate some Restrictive Covenants and the Bill of Assurance items that are include in the Minutes of the Marlowe Manor Property Owners Association Meeting of October 15, 1981. Opposition was presented by Mr. Garland Binns to the ordinance as written. He requested that the Ordinance state specifically -the open space area is to be "utilized as a buffer zone." Mr. Willis stated that he had no objections to this being added to ' the Ordinance. Mr. Tom Oliver, president of the Marlowe Manor Property Owners Assoc- iation, stated that his understanding was that the entire covenants, 1 through 5.g., would be incorporated in this Ordinance. There being no further discussion, the Ordi- nances to rezone the property were placed on first reading. (See Ordinance Nos. 14,141 and 14,142 as follows) Ordinance No. 14,141 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF NAPA VALLEY AND RIDGEHAVEN ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 OF THE I 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, 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, ' 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 final reading of the Ordi- nance. The motion was unanimously adopted by voice vote of the members of the Board of 31 OCTOBER 20, 1981, Cont'd. I 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 taken on the passage of the Ordinance, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Director Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,142 was presented, containing the following title: AN ORDINANCE APPROVING A PLANNED RESIDENTIAL.DEVELOPMENT ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF NAPA VALLEY AND RIDGEHAVEN 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 the Ordinance was read the first time. A motion was then 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- s , ing in a motion by Director Keith and 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 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 passage of the Ordinance, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors i Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced next was Ordinance No. 14,143 (in connection with above zoning), entitled: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP FROM SINGLE FAMILY TO SINGLE FAMILY ATTACHED IN THE VICINITY OF RIDGEHAVEN ROAD AND NAPA VALLEY DRIVE; 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 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 Ordi- nance at this time, with the motion'being made by Director Keith, 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; with the outcome being a third and final 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,144, entitled: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1982 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; 32 OCTOBER 20, 1981, Cont'd. with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second - eading by a motion from Director Keith, seconded by Director Weeks, 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 again made by Director Keith and seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect;.and the Ordinance was 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section, had PASSED. , The next matter was a proposed Resolution, entitled: A RESOLUTION STATING THE INTENT OF THE BOARD OF DIRECTORS TO EXTEND THE LIFE INSURANCE PROGRAM FOR RETIRED EMPLOYEES FOR AN ADDITIONAL FIVE YEARS; AND FOR OTHER PURPOSES; and there was a full reading of the proposed Resolution. A lengthy discussion ensued regarding the program that was initiated in 1971, whereby retiring city employees could continue their life insurance coverage under the group plan. On December 21, 1976, a motion was adopted to continue the life insurance program for another five years with the retired employee paying 500 of the cost. During the discussion, (instead of voting on the Resolution) a motion was made by Director Keith, seconded by Director Langston, to delay action on this Resolution for ninety days, which motion was later withdrawn. A substitute motion was made by Director Shackelford and seconded by Director Jones, to "direct the City Manager to take care of the thirty -one retired employees now cover- ed and do not add any more employees after October 31, 1981." The motion was adopted ' by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Presented at this time was Ordinance No. 14,145, entitled: AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT RELATING TO THE TAX - EXEMPT FINANCING OF MULTIFAMILY RESIDENTIAL HOUSING FACILITIES; PRESCRIBING OTHER i MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. A motion was made by Director Hubbell, seconded by Director Weeks, that the rules be suspended and the Ordinance placed 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 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, 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 last reading of the Ordinance. Director Langston asked for a discussioi before the final vote. In the discussion, some Board Members expressed a reluctance I I 33 OCTOBER 20, 1981, Cont'd. to extend the City's bond - issuing authority to other localities, even though the city would bear no financial liabilities in the event of a default on repayment of the bond money. Mr. Watt Gregory, attorney for the Little Rock Residential Housing Facilities Board, was present to answer questions. He listed three benefits for the City of Little Rock in this agreement: (1) The issue provides housing for at least 20% of units which are reserved for persons of low or moderate income; (2) It will provide, by reason of the new construction anticipated, substantial economic benefits to the building trades and construction industry who are engaged in building of apartments; and (3) The extent that the issue's size is in the area that we are talking about, with both in City, and out of City participation, excess revenues generated will benefit the Facilities Board and ultimately the City of Little Rock. Director Shackel- ford asked if the Facilities Board had tried an issue just in Little Rock. Mr. Gregory stated that the issue was originally structured for the City of Little Rock, but because of the size and the conditions that exist, only about 13 million was requested for the City. This size is not great enough at this point to do an issue for the City of Little Rock. An Aye and No Vote was taken on the passage of the Ordinance result- ing as follows: Ayes - Directors Langston, Weeks, Mayor Bussey and Director Hubbell - total 4; Noes - Directors Keith, Shackelford and Jones - total 3; 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 Langston, Weeks, Mayor Bussey and Director Hubbell - total 4; Noes - Directors Keith, Shackelford and Jones - total 3; Absent - None. It was then announced that the Ordinance, to- gether with the Emergency Section had PASSED. Introduced at this time was Ordinance No. 14,146, entitled: AN ORDINANCE AMENDING SECTIONS 15- 1(1),- 15 -1(2), and 15 -1(4) TO INCREASE GARBAGE COLLECTION FEES; AND FOR OTHER PURPOSES; (From $5.90 per month to $6.25 per month for Residential; Cu. Yd. from $2.20 to $2.35) with the Ordinance being read the first time, followed by a discussion on possible alternatives to increasing the fee. After the discussion, a motion was made by Director Weeks, seconded by Director Keith, to suspend the rules and place the ordi- i nance 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. 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 reading of the Ordinance by a motion made and seconded by Directors Langston 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. 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 - Directors Keith, Langston, Weeks, Hubbell and Jones - total 5; Noes - Mayor Bussey and Director Shackelford - total 2; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was a proposed Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE TO MR. LARRY HUFFMAN TO UTILIZE A PORTION OF THE PUBLIC RIGHT -OF -WAY AT #11 WELLINGTON COURT; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Mr. Dan Medlock of #9 Wellington, requested denial of the franchise. A motion was then made by Director Keith, 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 J W OCTOBER 20, 1981, Cont'd. 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, resul ing in a motion made by Director Shackelford and seconded by Director 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 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 as follows: Ayes - None; Noes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - None. It was then announced that the Ordinance had FAILED. Ordinance No. 14,147 was presented, entitled: AN ORDINANCE ADOPTING PREMISE AND VACANT LOT CLEANLINESS STANDARDS AND ESTABLI ING MINIMUM STANDARDS FOR THE MAINTENANCE AND CLEANLINESS FOR ALL PROPERTY WITHIN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion was then made by-Director Jones, 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 membe 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 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 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 with the response being: Ayes - Directors Keith, Langston, Weeks., Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Mr. Don Zimmerman, Executive Director of the Arkansas Municipal League, was ' present to address the Board on the last wo items on the Agenda, namely Resolutions declaring the intent of the Board of Directors to withdraw the City's membership in the Arkansas Municipal League and the National League of Cities. Mr. Zimmerman list- ed several programs the Municipal League provides that would benefit the City of Little Rock and save a considerable amount of money. These were (1) insurance program in which retired City employees would be eligible to participate at no cost to the City of Little Rock; (2) a new program to be introduced at the League Meeting in November for municipal vehicle liability insurance; (3) public officials' liabili insurance; and (4) health insurance. He also stated -.that Arkansas and the City of Little Rock are finally being recognized by the National League of Cities, mention- ing that Mayor Bussey and Directors Shackelford and Jones are currently serving on committees of the National League of Cities. Mr. Zimmerman strongly urged the defeat of both Resolutions. No action was taken on the proposed Resolutions and a substitut Resolution was presented as follows (See Resolution No. 6,682). ' Presented at this time was-Resolution No. 6,682, entitled: A RESOLUTION DIRECTING MAYOR BUSSEY TO APPEAR BEFORE THE EXECUTIVE COMMITTEE OF THE ARKANSAS MUNICIPAL LEAGUE; AND FOR OTHER PURPOSES; 35 OCTOBER 20, 1981, Cont'd. and after the Resolution was read, there was a motion by Director Hubbell, seconded by Director Weeks that the Resolution be adopted. A roll call was taken which resulted i ' in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors 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, upon motion by Director Keith, seconded by Director Langston, the meeting was recessed at 11:20 o'clock P. M. to reconvene again on Wednesday, October 28, 1981, at 1:30 o'clock P. M. to consider appointments to various Boards and Commissions. ATTEST: APPROVED: City Clerk Mayor 36 Board of Directors Chamber Little Rock, Arkansas October 28, 1981 - 1:30 P. I The Board of Directors of the City of Little Rock, Arkansas reconvened from the October 20, 1981 meeting with Mayor Bussey presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Langston - total 1. Mayor Bussey announced that a quorum was present and the following is an account of the proceedings: The first'matter to be considered was Resolution No. 6,683 entitled: A RESOLUTION ACCEPTING THE DEDICATION OF TEN ACRES OF LAND LOCATED IN FOURCHE BOTTOMS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution with an ensuing motion from Director Keith, 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones total 6; Noes - None; Absent - Director Langston - total 1. Following the adoption of the Resolution accepting the land, Resolution No. 6,684 was presented, with the title being: A RESOLUTION COMMENDING MR. JACK R. TUCKER AND HIS FAMILY FOR THEIR DONATION OF TEN ACRES OF LAND LOCATED IN FOURCHE BOTTOMS; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes None; Absent - Director Langston - total 1. Director Langston was enrolled. There was a motion made at this time by Director Jones, seconded by Director Keith, that the Board go into Executive Session in the Conference Room to discuss appointments to various Boards and Commissions. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Keith, Weeks, Mayor Bussey, , Directors Shackelford and Jones - total 5; Noes - Directors Langston and Hubbell - total 2: Therefore, the Executive Session was held. At 2:15 o'clock P. M. the Board of Directors reconvened in the Board Chamber with Mayor Bussey presiding and the following Directors answering roll call: Director Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Resolution No. 6,685 was introduced next, described as: A RESOLUTION MAKING APPOINTMENTS TO THE CITY BEAUTIFUL COMMISSION AND TO THE CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES; AND FOR OTHER PURPOSES; (City Beautiful: Constance Whitfield, Theodore B. Hannah and Sterling Cockrill; Library System: Ms. Wanda Hamilton and Mr. Phil Anderson) and a complete reading of the Resolution followed. There was a motion then made by Director Keith, seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was adopted by the following vote: Ayes - I Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. i 111137. OCTOBER 28, 1981, Cont'd. There being no further business to be presented, it was moved by Director Keith, seconded by Director Jones, and unanimously carried that this meeting be ' adjourned at 2:30 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, November 3, 1981. . ATTEST: �r(�(w (/ APPROVED: City Clerk Mayor I * * * * * * * * * * * * I i i Board of Directors Chamber Little Rock, Arkansas November 3, 1981 - 7:30 P. M. The Board of Directors of the City of Tattle Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, 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 I 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 October 20, 1981 and the reconvened meeting held October 28, 1981. (b) Resolution No. 6,686, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR MAINTENANCE FOR THE CITY OF LITTLE ROCK COMMUNICATIONS EQUIPMENT; WAIVING ' COMPETITIVE BIDDING IN THE EXTENSION OF THE CONTRACT FOR LITTLE ROCK COMMUNICATIONS EQUIPMENT; DECLARING AN EXCEPTIONAL SITUATION; AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR TIRES; AND FOR OTHER PURPOSES. (c) Resolution No. 6,687, with the title being: A RESOLUTION OBSERVING THE 150TH BIRTHDAY OF THE CITY OF LITTLE ROCK; 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 Minutes were approved as written and summarized to the Board of Directors; (b & c) Resolution Nos. 6,686 and 6,687 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 14,148, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT KAVANAUGH AND HILLCREST (Z- 3759), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER ' PURPOSES; (Property to be used for Convent Dormitory Residence in "R -2" District) 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 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 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 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. fill 39 NOVEMBER 3,-1981, Cont'd. I Presented for consideration at this time was the - petition of Terry Moore & Associates, requesting the closure of all that portion of West Street, not closed, lying South of the South right -of -way line of West Markham Street, and West of and adjacent to former Lot 6, Block 3, Arkansas Heights Addition (now acreage) to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a certified copy of the plat of Arkansas Heights Addition on record in the Pulaski County Circuit Clerk's Office; and, a certification from Beach Abstract Company showing the last apparent owner of record of the abutting property. A public hearing had been scheduled for this time and place by Resolution No. 6,681, with Notice thereof having been duly published on October 26, 1981 and November 2, 1981, as required by Law. 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 - described alley was placed on first reading. (See Ordinance No. 14,149 as follows) Ordinance No. 14,149 was presented, described as: AN ORDINANCE VACATING AND CLOSING THAT PORTION OF WEST STREET, NOT CLOSED, LYING ' SOUTH OF THE SOUTH RIGHT -OF -WAY LINE OF WEST MARKHAM STREET, AND WEST OF AND ADJACENT TO FOREMR LOT 6, BLOCK 3, ARKANSAS HEIGHTS ADDITION IN EXECUTIVE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time; after which there was a motion by Director l Langston, seconded by Director Shackelford, 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. 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 and seconded by Directors Langston and Weeks, respectively, 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 I 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 follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,688 was the next matter to be considered, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF ARKLA INDUSTRIES, INC. PURSUANT TO AN OFFER AND ACCEPTANCE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID ARKLA INDUSTRIES, INC. DATED OCTOBER 26, 1981, AND ACCEPTED OCTOBER 27, 1981, AS TO TRACT F AREA 101 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; 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, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstaining - Director Jones - total 1; Absent - None. i Introduced next was Resolution No. 6,689, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN 40 Al�l NOVEMBER 3, 1981, Cont'd. FAVOR OF VANTAGE PROPERTIES, INC. PURSUANT TO AN OPTION TO PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND VANTAGE PROPERTIES, INC., AS TO TRACT E AREA 101 OF THE LITTLE ROCK PORT AUTHORITY INDUSTRIAL PARK, SAID DEED TO CONVEY SAID LAND AS DESCRIBED ' HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Keith, and the following roll call vote: Ayes - Directol Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 1 Noes - None; Absent - None. Ordinance No. 14,150 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 EMERGENCY; ($340,000.00 for 1982) 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 subsequent motion was made by Director Langston, seconded by Director Weeks, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 herein recorded: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency ' Section, had PASSED. Ordinance No. 14,151 was the next presentation, with the title being: AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1982; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; (For 1982: $2,000,000 or an amount equal to 5.2% of the gross residential, commercial and industrial gas revenues paid to the Gas Company during 1982.) 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 i 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 Langston, 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 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 it 41 NOVEMBER 3, 1981, Cont'd. resulted in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, with the vote being taken on the question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstaining - Director Jones - total 1; 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, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstaining - Director Jones - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Ordinance No. 14,152, described as: AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE TAXES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1982; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (An amount equal of 7.32% of the Company's access line billing revenues for 1981, or a minimum of $1,259,000.00) with said Ordinance being read the first time. The rules were then suspended and the ' Ordinance placed on its second reading by a motion from Director 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. Ther was a second reading of the Ordinance; after which a motion was again made by Director Langston, seconded by Director Weeks, that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimovk 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, Mayor Busse Directors 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 - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey announced that the Ordinance, together with the Emergency Section had PASSED. Introduced at this time was Ordinance No. 14,153, entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIA TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; (For 1982: $3,831,080.00) and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Director Langston, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of ' Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Langston and Weeks, respectively, and unanimous) adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of I "� 42 NOVEMBER , 1981, Con the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - No The Emergency Clause contained in Section 4 of the above described Ordinance was ' read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was declared PASSE Ordinance No. 14,154 was presented, 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; FOR THE PURPOSE OF REDESIGNATING THE POWERS AND DUTIES OF THE BOARD OF ELECTRICAL EXAMINERS AND APPEALS; 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 Langston, seconded by Director Weeks 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 ensuing second reading of the Ordinance "was followed by a motion from Director Weeks an , 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 the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A proposed Ordinance was presented next, entitled: AN ORDINANCE EXTENDING THE BUS BENCH FRANCHISE GRANTED BY RESOLUTION NO. 2,756 AND EXTENDED BY RESOLUTION NO.. 5,454; INCREASING THE BUS BENCH FRANCHISE FEE; AND FOR OTHER PURPOSES; (For a period of ten years; Fee increase from $2.00 to $5.00 per bench) with the Ordinance being read the first time. In a brief discussion, Director Keith ' made a motion to amend the Ordinance to "renew the franchise for a period of five years, subject to review by the Board of Directors annually." The motion FAILED for lack of a second and there was no further discussion. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Shackelford, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and in order to comply with the law requiring franchise ordinances to remain on file in the City Clerk's Office one week prior to passage, no further action was taken and the proposed Ordinance remained on the calenda for third and final reading on November 17, 1981. The next'presentation was a proposed Resolution containing the following caption: A RESOLUTION ENCOURAGING THE SEWER COMMITTEE TO ALLOW SEWER SERVICE TO THE COLLEGE STATION COMMUNITY WITHOUT REQUIRING ANNEXATION TO THE CITY OF LITTLE ROCK; ' and there was a full reading of the Resolution. Mr. B. J. McCoy, Attorney for the residents of College Station presented the request for the waiver of annexation require ments to receive sewer service. An established policy requires that an area be annexed 1111143 NOVEMBER 3, 1981, Cont'd. before City services can be extended. Mr. McCoy advised there are approximately 3,500 residents of College Station and that most of the homes use septic tanks. He told the Board of Directors that it would be too expensive for the community to build ' its own treatment facilities so putting the sewage into Little Rock's system was the logical alternative. He pointed out that it would be in the best interest of Little Rock and College Station to waive the annexation policy, because Little Rock does not now have the resources to provide other municipal services to that community. The Little Rock Planning Staff had recommended the waiver and Mr. J. E. Gardner, manager of the Wastewater Utility had said the waiver was the best way to provide sewer servi to College Station. Comments were then made by Board Members and Director Hubbell said, "I think it's in the best interest of the City to continue its policy; until such time as we go to a county -wide system or until College Station is annexed, I I cannot support this request." Director Shackelford stated that she supports a waiver; adding, "it would be difficult to link the City's system with a separate system if it was not up to the City's standards. Director Jones' position was that she would not support the request until she was satisfied that the City had adequate capacity, ' noting that the Board had limited development of certain areas of the City because of limited service. Director Weeks agreed there is a need, the request was valid, and h would support the annexation of College Station, but could not justify the waiver. Mayor Bussey was supportive of the waiver because of the history of College Station. There was no further discussion and a motion was made by Director Shackelford, and seconded by Mayor Bussey to adopt the Resolution. A roll call was taken on the motion to adopt the Resolution with the response being: Ayes - Mayor Bussey and Director Shackelford - total 2; Noes - Directors Keith, Langston, Weeks, Hubbell I and Jones - total 5; Absent - None. There was presented Resolution No. 6,690, entitled: A RESOLUTION APPOINTING WINSTON FAULKNER TO THE LITTLE ROCK BOARD OF WATER COMMISSIONERS; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. A motion was then made by Director ' Hubbell 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,691 was the next matter to be considered, with the title being: A RESOLUTION MAKING APPOINTMENTS AND A REAPPOINTMENT TO THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES; (Betty Jeanne Sipes, William Ketcher and Dorothy Arnett) and said Resolution was read in full, and thereafter adopted upon motion of Director i Keith, seconded by Director Langston, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. • proposed Resolution was presented, described as: • RESOLUTION ESTABLISHING POLICY FOR THE LITTLE ROCK BOARD OF DIRECTORS CONCERNING TRAVEL FARES AND ORGANIZATIONAL MEMBERSHIPS; AND FOR OTHER PURPOSES; (Re: Travel fares and similar costs, and active involvement in Board related organizations shall not be accepted by a Board Member until approved by a majority vote of the full Board.) and said Resolution was read in full. A motion was made by Director Keith, seconded 44 NOVEMBER 3, 1981, Cont'd. by Director Weeks, for adoption of the Resolution and submitted to a roll call vote whereby the Resolution received the following response: Ayes - Directors Keith and Weeks - total 2; Noes - Directors Langston, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Absent - None. Therefore, the adoption of the Resolutio , FAILED. Resolution No. 6,692 was considered next, entitled: A RESOLUTION ESTABLISHING POLICY FOR THE LITTLE ROCK BOARD OF DIRECTORS CONCERNIN TRAVEL FOR MEETINGS;.AND FOR OTHER PURPOSES; (Approval not required to attend National League of Cities and Municipal League Meetin i other requests for travel shall be reviewed by the full Board of Directors.) and after a complete reading of the Resolution, there was a motion by Director Langsto that the Resolution be adopted. The motion was seconded by Mayor Bussey and the s Resolution was adopted by the following roll call vote: Ayes - Directors Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 5; Noes - Director Keith - total 1; Abstaining - Director Hubbell - total 1; Absent - None. Under "J" Citizen Communications, Mr. Harper Cooper of 1901 North Polk Street was the only person present who wished to be heard. Mr. Cooper's opening statement was in the form of a request asking the City to apply the law and ordinance, by directing , Mr. Ben McMinn to cease using the property at 5419 Kavanaugh Boulevard for any purpose other than single - family. In 1979 Mr. McMinn applied to the Board of Adjustment for a variance to operate a Montessori School at 5419 Kavanaugh Boulevard. The request for I variance was denied and he went to Chancery Court seeking a Declaratory Judgment for I interpretation of the zoning ordinance. Before -the trial date, he filed an applicatio for rezoning with the Planning Commission which was denied, and subsequently denied by the Board of Directors. After the zoning was denied by the Board of Directors, Mr. McMinn appealed to another Chancery Court and in the meantime, opened the school illegally with the City attempting to get an injunction to close it, which was denied. The Declaratory Judgement went to trial with the City losing, but the City won the case on appeal to the Arkansas Supreme Court. The rezoning trial came up in Chancery Court with the City winning the trial. Mr. McMinn then filed an appeal to the Arkansa Supreme Court and continued to operate the school: To date, the Supreme Court has , not ruled on the appeal and City Attorney Jack Magruder explained to Mr. Cooper that until there is a final ruling from the Supreme Court on the zoning, that probably no action will be taken to close the school. There being no further business to be presented, it was moved by Director Hubbell 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 session at 7:30 o'clock P. M. on Tuesday, November 17, 1981. ATTEST: ?ant APPROVED: &7 City Clerk Mayor I i II 45 Board of Directors Chamber Little Rock, Arkansas November 17, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent.- Director Hubbell - total 1. It was announced that a quorum was in attendance and the following is an account of the proceedings: The Invocation was given by Mayor Bussey. The first item of business was an announcement by Mayor Bussey that this was the time and place for a public hearing on the use of Revenue Sharing Funds for the year 1982. He declared the public hearing open and when no one was present to address the issue, the hearing was declared closed. The next matter to be considered was the Consent Agenda, consisting of the ' following items: (a) The reading of the Minutes of the previous meeting held on November 3, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of September, 1981. (c) Resolution No. 6,693, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS; AND FOR OTHER PURPOSES. (d) Resolution No. 6,694, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALL THAT PART OF SOUTH LOOKOUT AVENUE AS SHOWN ON THE PLAT OF HILLCREST ADDITION TO LITTLE ROCK, ARKANSAS, WHICH LIES WITHIN THE BOUNDS OF LANDS SUBSEQUENTLY PLATTED AS BLOCK 1, OF REPLAT OF DOYLE PLACE, AN ADDITION TO ' THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing set for December 3, 1981) 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 dispense with as follows: (a) The Minutes of the previous meeting held November 3, 1981 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. 6,693 and 6,694 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z- 3278 -A - From Laurence and Stanley Schulte to rezone 7901 -7905 "X" Street in ' the City of Little Rock, described as Lots 1, 2 & 3, Block 22, Bellevue Addition and 30 ft. of Watt Street right -of -way as closed, from "R -6" High Rise Apartment District to "0-3" General Office District. fit r 46 NOVEMBER 17, 1981, Cont'd. Z- 3640 -A - From Al Johnson for Wadley- Johnson, Inc. to rezone 3.5 acres in the I Mabelvale Business Park Subdivision, from "I -1" Industrial Park District to "I -2" Light Industrial District. i Z -3760 - From Hubert Fuggett for McClarty Leasing to rezone 34 acres +, located at 10003 New Benton Highway (long legal) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3762 - From Tommy Taylor for John Van Marion and wife, and M. T. Taylor, Inc. to rezone 10625 New Benton Highway (long legal) from "R -2" Single - family District to "I -2" Light Industrial District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinanc No. 14,155 as follows) Ordinance No. 14,155 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; 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 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 second reading of the Ordinance, followed by .a subsequent motion again made and seconded by Directors Jones and Shackelford, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and,the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Langstcl Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The Ordinance was then declared PASSED. The following Rezoning Applications were presented under the Conversion Strategy 1 Adjustment procedure: Z- 2393 -B - From Olan Asbury for Reservoir Heights Partnership to rezone Lots 5 & 6, R. D. Duncan's Addition for the Reservoir Heights Condominiums, from "0 -3" General Office District to "MF -12" Multi- family District. Z -3763 - From David F. Menz for the Roman Catholic Church to rezone property know` i as the Razorback Twin Drive -In Theater on Cantrell Road (long legal), from "I -2" Light Industrial District to "C -3" General Commercial District. There was no one present to speak either for or against the zoning conversions, and Ordinance No. 14,156 was presented containing the following caption: 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 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 six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read 4'7 NOVEMBER 171 1981, Cont'd. 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 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, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent Director Hubbell - total 1. Therefore, the Ordinance was declared PASSED. An Appeal of the Planning Commission's denial on September 29, 1981 of Zoning Petition No. Z -3743, submitted by Richard Hughes for Joseph Briscoe, Jr. and Joseph Briscoe, II, requesting the rezoning of 5 acres +, located at 10800 Baseline Road, described as the East 1/8 of the Southeast Quarter of the Southeast Quarter of Section 33 in Township 1 North, Range 13 West, Pulaski County (long legal description), from "R -2" Single- family District to "I -2" Light Industrial District. A motion was then made by Director Langston, seconded by Director Keith, and unanimously adopted by ' voice vote of the Board Members present, which fixed the date of Public Hearing on this Zoning Appeal for Thursday, December 3, 1981 at 7:30 o'clock P. M. A Zoning Appeal of the Planning Commission's denial on September 29, 1981 of � I Zoning Petition No. Z- 3728, submitted by Tom Bridgers for Tom Bridgers and Bobbie Taylor, requesting the rezoning of property located at 117 -121 North Walnut Street, described as Lots 5 & 6, Blankenship Subdivision of Block 8, Glendale Addition to Little Rock, Arkansas, from "R -4" Two - family District to "O -1" Quiet Office District, I was presented at this time. A motion was made by Director Langston, seconded by' Director Keith, and unanimously adopted by voice vote of the Board Members present, that the Public Hearing be set on the Zoning Appeal for Thursday, December 3, 1981 at 7:30 o'clock P. M. Another Zoning Appeal of the Planning Commission's denial on September 29, 1981 of Zoning Petition No. Z- 3747, submitted by Elizabeth T. Murphy for Elizabeth T. Murphy, Kenneth and Beryl Jones, requesting the rezoning of property located at the I S/W Corner of "A" and Rose Streets, described as Lots 1, 2, 3, 4, 10, 11 & 12, Block 8, Blankenship's Addition to the City of Little Rock, from "R -5" Urban Residence and "0-3" General Office District to "C -3" General Commercial District, was presented for consideration. A motion was then made by Director Langston, seconded by Director Keith, and unanimously adopted by voice vote of the Board Members present, that the Public Hearing on the Appeal be set for Thursday, December 3, 1981 at 7:30 o'clock P. M. Presented at this time was Resolution No. 6,695, entitled: A RESOLUTION SETTING A PUBLIC HEARING ON THE BOYLE PARK DISTRICT PLAN FOR JANUARY 19, 1982 AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - ' total 6; Noes - None; Absent - Director Hubbell - total 1. 48 NOVEMBER 171 1981, Cont'd. Presented at this time was a petition submitted by Attorney Daryl G. Raney, for the purpose of establishing a Street Improvement District to improve a portion of Sam Peck Road, a public road and street lying in the E;5 of Section 20, Township 2 North, Range 13 West, Pulaski County, Arkansas, by: Removing the existing surface of said portion of road; grading and excavating same; filling with grading and excavating same; filling with crushed stone and resurfacing with an asphalt surface; and by installing related curbs, gutters, sidewalks, drives, parking areas, curb inlets and drainage pipes; and by installing, upgrading and constructing related improvements whether similar or dissimilar to the above. The petition was accompanied by a Certificate of Abstracter from the Beach Abstract Company, which certified to the validity of the signatures contained within the petition, and to an assessed value of $162,560.00 of the property described therein. A Public Hearing scheduled for this time and place with notice thereof having been duly published on October 26, 1981 and November 2, 1981, was then declared open. As there was no opposition presented, the Public Hearing was declared closed and the Ordinance creating the requested Improvement District was placed on first reading. (See Ordinance No. 14,157 as follows) Ordinance No. 14,157 was presented, containing the following caption: ' AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 635; with there being a first reading of the Ordinance. There was a motion at this time from Director Langston, seconded by Director Shackelford, to suspend the rules and I place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion 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. The third and last reading of the Ordinance was i followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. It was announced that the Ordinance had PASSED. ' There was presented Ordinance No. 14,158, with the title being: AN ORDINANCE CONFIRMING THE REASSESSMENT OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time, followed by an announcement by Mayor Bussey that "this is the time and place for persons wishing to speak either for or against the reassessment to come forward and be heard." With there being no response to the announcement, a motion was made by Director Shackelford, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Jones 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 - Directors Keith, Langston 4 NOVEMBER 17, 1981, Cont'd. Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent I Director Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. ' Introduced at this time was Ordinance No. 14,159, entitled: . I AN ORDINANCE AMENDING ORDINANCE NO. 13,920, SAID ORDINANCE ESTABLISHING FEE SCHEDULES FOR BUILDING, ELECTRICAL, PLUMBING, AND RELATED WORK PERFORMED IN THE CITY OF LITTLE ROCK; I (Requiring a permit for repair to existing construction costing $1,000 or more.) and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Keith, seconded by Director Langston, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the member of the Board of Directors - elect. The Ordinance was read-the second time, and an ensuing motion was made by Director Keith, seconded by Director Weeks, to again suspen the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third ' and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response being recorded as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes None; Absent - Director Hubbell - total 1. Accordingly, it was announced that the Ordinance had PASSED. Presented at this time was Ordinance No. 14,160, described as: AN ORDINANCE EXTENDING THE BUS BENCH FRANCHISE GRANTED BY RESOLUTION NO. 2,756 AND EXTENDED BY RESOLUTION NO. 5,454; INCREASING THE BUS BENCH FRANCHISE FEE; AND FOR OTHER PURPOSES; I (Fee increased from $2.00 to $5.00) with the Ordinance being read the third and final time, having been read the first and second times on November 3, 1981. A roll call was taken upon the question, Shall the Ordinance Pass, with the outcome being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Mayor Bussey then announced that the Ordinance had PASSED A Public Hearing had been advertised for this time and place, upon the question of issuance of Tourism Revenue Bonds for La Quinta Motor Inns, Inc. The Public Hearin was declared open by 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. 14,161 below) I 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 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND LA QUINTA MOTOR INNS, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; (Up to $5,000,000) 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 Weeks and unanimously adopted by the Board Members present, being 1 50 NOVEMBER 17, 1981, Cont'd. 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 made by Director Shackelford, again seconded by Director Weeks, 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 described as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey and Director Shackelford - total 5; Noes - None; Abstaining - Director Jones - total 1; Absent - Director 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, Mayor Bussey and Director Shackelford - total 5; Noes - None; Abstaining - Director Jones - total 1; Absent - Director Hubbell - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. The next matter to be considered was Resolution No. 6,696, entitled: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT APPEAL- ' ING THE DECISION OF THE ALCOHOLIC BEVERAGE CONTROL BOARD WHICH ALLOWED A BEER PERMIT FOR THE ASHER DRIVE -IN THEATRE; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langstdi, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Resolution No. 6,697 was the next presentation, with the title being: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1982; AND FOR OTHER PURPOSES; with the Resolution being read in full. There was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, ' Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Next presented was Resolution No. 6,698, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO CLOSE THE BROOKSIDE DRIVE EXTENSION PROJECT FILE AND TO DISCONTINUE THE STATUS OF THE BROOKSIDE DRIVE PROJECT AS AN ACTIVE PROJECT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a Motion by Director Keith that the Resolution be adopted. The Motion was seconded by Director Weeks and the Resolutio was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Resolution No. 6,699 was presented, with the title being: A RESOLUTION INSTRUCTING THE STAFF TO RESEARCH AND PREPARE AN ORDINANCE THAT DEALS WITH CLEAR - CUTTING, SOIL EROSION AND OTHER ENVIRONMENTAL ISSUES; AND FOR OTHER ' PURPOSES; and the Resolution was read in its entirety. A motion was made by Director Keith and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following roll call vote: 51 NOVEMBER 17, 1981, Cont'd. Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. An Ordinance authorizing the operation of 17 additional taxicabs for Thomas L. Robinson, D /B /A Capitol Cab Company; Making finds of public convenience and necessity had been placed on the Official Agenda and a discussion followed regarding the issue. Mr. Larry Carpenter, Attorney for Mr. Robinson presented the request. Attorney Jack Young, representing Yellow Cab and Black and White Cab Companies, presented a report on taxi cab operations in Little Rock. It was Mr. Young's opinion that this proposal would "put Yellow Cab out of business ", and he requested a moratorium on additional cabs. In the discussion, Directors Langston, Weeks and Jones favored the method of allowing Mr. Robinson to pick up the permits of independent cab operators as they go out of business. Director Weeks then made a motion, seconded by Director Jones, that "the Ordinance appearing on the Agenda be amended by not renewing, but freezing in- dependent permits allowing Mr. Robinson additional cabs through attrition, as independ- ent permits are surrendered." The motion and second was withdrawn when it was decided to delay the matter at this time. A proposed Ordinance was presented next, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDEPENDENT TAXICAB OPERATOR PERMITS TO OTIS FISHER AND T. L. FRANKLIN; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Shackelford, I seconded by Director Keith, and unanimously adopted by the Board Members present, bein six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again mad and seconded by Directors Keith and Weeks, respectively, to suspend the rules and I place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of t members of the Board of Directors - elect, and the third and last reading of the Ordinanc. ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - None; Noes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Absent - Director Hubbell - total 1. It was announced by Mayor Bussey that the Ordinance had FAILED. Ordinance No. 14,162 was introduced, with the title being: AN ORDINANCE AUTHORIZING THE REVOCATION OF'INDEPENDENT TAXICAB OPERATOR PERMITS ISSUED TO COY ANDREWS, FRANK JACKSON, CLIFTON PHILLIPS (AND JERRY PALMER *); AND FOR OTHER PURPOSES; i and after the first reading of the Ordinance, Mr. Palmer requested that he be permitte to retain his permit, due to the fact that he had been successful in an alcoholic rehabilitation program and this was his only source of employment. After brief discussion, Director Keith made a motion to "amend the Ordinance to *DELETE JERRY PALMER from the revocation." The motion was seconded by Director Langston and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. A subsequent motion.followed from Director Shackelford, seconded by Mayor Bussey, and was adopted unanimously to suspend the rules and place the ordi- nance, as amended, on second reading. The Ordinance, as amended, was read the second time; after which there was a motion from Director Langston to further suspend the 52 NOVEMBER 17, 1981, Cont'd. rules and place the Ordinance on its third and final reading. The motion received a second from Director Keith and unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, as amended, there was an ensuing Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and ' Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. At this time, the matter of issuance of additional taxicab permits for Thomas L. Robinson was again considered. Ordinance No. 14,163 was-introduced, containing the following caption: AN ORDINANCE AUTHORIZING THE TRANSFER OF SEVENTEEN INDEPENDENT TAXICAB PERMITS FROM TIME TO TIME, AS SAME ARE REVOKED, SURRENDERED, FORFEITED, OR THE LIKE, TO THOMAS L. ROBINSON, DOING BUSINESS AS CAPITOL CAB COMPANY, MAKING FINDING OF PUBLIC I CONVENIENCE OF NECESSITY; AND FOR OTHER PURPOSES; (Authorizing the transfer to Thomas L. Robinson, doing business as Capitol Cab Company, of the various independent taxicab permits that may from time to time be revoked, surrendered, forfeited, or the like; provided that no more than seventeen or such taxicab permits shall be transferred.) with said Ordinance being read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Langston, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number amd two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Langston, 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; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes None; Absent - Director Hubbell - total 1. It was announced that the Ordinance had ' PASSED. Resolution No. 6,700 was the next presentation, entitled: A RESOLUTION AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PHF EXPLORATION CO., INC.; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a full reading of the Resolution. A discussion followed with Mr. Alford Drinkwater representing the Metropolitan Trust Company located at 3901 McCain Park Drive, North Little Rock, presenting a proposal for the development of a Landfill Gas Recovery System at the City's Old Landfill Site. He told the Board that "this proposal m should be given all the consideration that our competitor's is being given." Attorney Bill Spivey made the presentation for Bill Putnam of PHF Exploration Company, Inc. Mr. Putnam requested adoption of the Resolution to allow his firm to proceed with the matter, as a source of revenue for the City and to his firm. On April 21, 1981, a request from Mr. Putnam to test drill the Old Landfill Site for methane gas was brought to the Board's attention by City Manager Mahlon Martin. Mr. Martin said if there were no problems, he would go ahead and deal with Mr. Putnam on the testing, but that any agreement would have to come back.to the Board of Directors for approval. A motion was 53 NOVEMBER 171 19811 Cont'd. then made by Director Jones and 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, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The election of a Vice Mayor had been placed on the Agenda and when Mayor Bussey announced that nominations were in order, Director Langston nominated Director Myra Jones to serve as Vice Mayor. Director Shackelford then seconded the nomination, and a motion was then made by Director Shackelford that nominations cease, which motion was seconded by Director Langston, and unanimously adopted by the Board Members present With the motion having been adopted, Resolution No. 6,701 was presented, entitled: A RESOLUTION ELECTING A VICE -MAYOR FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Director Myra Jones) i with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Shackelford, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - ' total 6; Noes - None; Absent — Director Hubbell - total 1. Under "J" Citizen Communications, Attorney Bill Cordell speaking on behalf of Mr. Larry Huffman, requested the Board of Directors to set a date for a public hearing II on the granting of a franchise to utilize a portion of public right -of -way for a retaining wall at #11 Wellington Court. On October 20, 1981 the Board considered an i Ordinance granting this franchise, which failed by a vote of seven noes. Mr. Cordell contended that his client did not receive proper notice that the matter would be i considered on the above date; therefore, he requested that the franchise be considered again. A motion was then made by Director Shackelford and seconded by Director Jones, that a Resolution to set a date for public hearing,on the franchise be placed on the Official Agenda on December 3, 1981. The motion was unanimously adopted by the Board Members present. As there was no further business to be presented or to come before the Board of ' Directors, upon motion of Director Jones, seconded by Director Keith, and unanimously adopted by the Board Members present, the meeting was recessed at 10:00 P. M. to reconvene on Wednesday, November 25, 1981 at 1:30 o'clock P. M. to consider appoint- ments and reappointments to various Boards and Commissions. I ATTEST: APPROVED:eAJ i V City Clerk Mayor 54 Board of Directors Chamber Little Rock, Arkansas November 25, 1981 - 1:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas reconvened from the November 17, 1981 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Langston, Weeks, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The first matter to be discussed or considered was the election of a Mayor. Vice Mayor Bussey has been acting in the capacity of Mayor since the resignation of Mayor Webster Hubbell on July 14, 1981. Director Gale Weeks brought the subject to the Board's attention by stating, "it is time this Board faces up to its responsibil- ities and elects a Mayor." He then nominated Acting Mayor Charles Bussey as Mayor of Little Rock. The nomination was seconded by Vice Mayor Jones and unanimously adopted by the Board Members present. Resolution No. 6,702 was then presented, entitled: , A RESOLUTION ELECTING A MAYOR FOR THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Charles Bussey) and after a full reading of the Resolution, there was a motion by Director Weeks, seconded by Vice Mayor Jones, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded. Ayes - Directors Keith, Langston Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Director Shackelford was enrolled. The purpose of the reconvened meeting was for the appointment of members to various Boards and Commissions. The nominations were made as follows: —" Zoning Board of Adjustment : Billie L. Murphree - nominated by Directors Weeks and Jones, with unanimous approval. ' Planning Commission: William F. Rector, Jr. - nominated by Directors Keith and Langston, with unanimous approval. Board of Electrical Code of Appeals: Robert T. "Bob" James, Melvin Styers, William E. "Bill" Blazer, Jr., and Dave T. Ryan, III - nominated by Directors Langston and Weeks, with unanimous approval. Little Rock Housing Authority: William W. Satterfield - nominated by Directors Keith and Weeks, with unanimous approval. After the nominations were made, Resolution No. 6,703 was presented, containing the following title: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK ZONING BOARD OF ADJUSTMENT, PLANNING COMMISSION, BOARD OF ELECTRICAL CODE APPEALS, AND THE LITTLE ROCK HOUSING AUTHORITY AND FOR OTHER PURPOSES; 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 described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. JL ✓ I 1155 NOVEMBER 25, 1981, Cont'd. A discussion ensued regarding the lease agreement on the sale of methane gas I from the City's Old Landfill Site. Resolution No. 6,700, adopted November 17, 1981, authorized a lease and agreement with PHF Exploration Company, Inc. Director Weeks i ' advised that he had since learned there are monies that might be made available to the City, under the proposal that was not approved. In the discussion, it was suggested that the signing of the lease agreement be held in abeyance until "the Board takes a look at this." Mr. Bill Putnam of PHF was agreeable to a short delay in signing the lease. In conclusion, a motion was made and adopted to "delegate the City Attorney to investigate the prospects of employing an attorney to prepare an oil and gas lease agreement and advise us of the costs. Said lease agreement to be completed by December 15th." As there was no further business to be presented or to come before the•Board of Directors, upon motion of Director Shackelford, seconded by Director Hubbell, and unanimously adopted by the Board Members present, the meeting was adjourned at 2:25 o'clock P. M. to meet again in rescheduled regular meeting on Thursday, December 3, ' 1981 at 7 :30 o'clock P. M., due to the meeting of the National League of Cities in Detroit on the regular meeting date of December 1, 1981. ATTEST: �� (� /Z/ APPROVED: it City Clerk Mayor i ss i Board of Directors Chamber Little Rock, Arkansas December 3, 1981 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas convened in a rescheduled regular session at 7:30 o'clock P. M. with Mayor Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum being present, Mayor Bussey declared the Board of Directors in session. The meeting was opened with the Invocation given by Director Hubbell. The first order of business was a request by Mayor Bussey for Director Keith to present a Resolution of appreciation from the Little Rock Advertising and Promotion Commission, to the Little Rock Fire Department. Receiving the Resolution was Fire Chief Rubin Webb and District Chief Ray Lancaster, for firemen from Fire Station No. 7, who worked diligently and displayed tremendous efforts above and beyong the call of duty to the Little Rock Bureau for Conventions and Visitors, when a three - inch water main broke at the Little Rock Convention Center, flooding the Exhibit Hall , on Sunday, September 20, 1981. Their work enabled an exhibit to open on schedule at 1:30 P. M. the same afternoon. ' Presented next was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held November 17, 1981 and the reconvened meeting held November 25, 1981. (b) Resolution No. 6,704, entitled: A RESOLUTION NAMING THE BIKE PATH LOCATED IN BOYLE PARK, COLLAMORE BIKE TRAIL; AND FOR OTHER PURPOSES. (c) Resolution No. 6,705, with the title being: A RESOLUTION SETTING THE DATE OF DECEMBER 15, 1981 FOR A PUBLIC HEARING ON A FRANCHISE FOR A RETAINING WALL AT #11 WELLINGTON COURT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,706, containing the following title: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO LEASE A SITE AT RIVER MOUNTAIN PARK FOR A COAST GUARD AUXILIARY STATION FOR A TWO -YEAR PERIOD WITH AN OPTION TO RENEW; AND FOR OTHER PURPOSES. City Manager Mahlon Martin requested that an additional Resolution be included in the Consent Agenda. The Resolution would authorize a Memorandum of Intent for an Act #9 Industrial Development Bond Issue. Director Keith made a motion that the Resolution be added to the Consent Agenda, with the motion being seconded by Director Weeks, and unanimously adopted by the Board Members present; therefore, (e) Resolution No. 6,707 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND NEIL BRESNAHAN, TOM COLLIER, AND WILLIAM V. RICHARDS, 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. (The "Principals" Project) 57 DECEMBER 3. 1 1981, Cont'd. 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 meetings were approved as written and summarized to the Board of Directors; and (b, c, d & e) Resolutions No. 6,704, 6,705, 6,706 and 6,707 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A large group of residents from the United East End Association was present to protest the possible closing of the fire station at Adams Field. Rev. E. A. Arnold of 3207 East 6th Street told the Board of Directors the fire station at Adams Field is badly needed, and introduced Mrs. Betty McFadden who read a prepared statement in i which ACORN contends that the East End Station which serves a poor black neighborhood, is being closed because of funding cuts while $600,000 is being spent on a new station in a rich white neighborhood. Mayor Bussey advised the group that this matter was not on the Agenda, adding: "we have to follow procedure - this is not on the Agenda tonight, but on December 15th, this issue will be addressed." Ordinance No. 14,164 was presented, entitled: AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES FOR THE LITTLE ROCK MUNICIPAL WATER WORKS AND FIXING THE EFFECTIVE DATE THEREOF; (Effective February 1, 1982) and after a first reading of the Ordinance, there was a motion 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 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, again seconded by Director Weeks, to suspend the rules and place the ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final ' reading of the Ordinance after which an Aye and No Vote was taken on the passage of th Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The Emergency Section, No. 5, wa also PASSED by a roll call vote of 7 Ayes, 0 Noes, with None Absent. The following Rezoning Application was presented under the Conversion Strategy , Adjustment procedure: Z -3768 - From R. D. Bailey for Mrs. Anna L. Gosser, to rezone Part of Tract 7, Home Acres Subdivision to Little Rock, Pulaski County, Arkansas (long legal descriptio from "I -2" Light Industrial District to "C -3" General Commercial District. There was no one present to oppose the conversion and Ordinance No. 14,165 was presented, described as: AN ORDINANCE RECLASSIFYING PART OF TRACT 7, HOME ACRES SUBDIVISION TO LITTLE ROCK, PULASKI COUNTY, 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 then by Director was made Langston 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 _tff ii- 58 DECEMBER 3, 1981, Cont'd. 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 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 seven in number and two - thirds or more of the members of the Board of Directors - elect; with the out- come 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Another Rezoning Application was presented under the Conversion Strategy Adjustment procedure: Z -3773 - From Rick Durham for Harold L. and Birdie Durham, to rezone 4726 Asher Avenue in the City of Little Rock, Arkansas (long legal description), from "I -2" Light Industrial District to "C -3" General Commercial District. No opposition was presented and a proposed Ordinance to rezone the property was presented, entitled: AN ORDINANCE RECLASSIFYING 4726 ASHER AVENUE 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; with the Ordinance being read the first time. A discussion ensued among Board Member regarding the proposed use of the property and were advised the property is to be used for an "exotic dance club." The City Attorney stated that under the present Zoning Ordinance, this conversion is in order. It was pointed out that the Planning Staff is currently working on a proposed change to the Zoning Laws regulating the location of establishments for "adult entertainment." Director Hubbell then made a motion to "defer further action on this proposal until the Planning Commission considers the Ordinance regulating locations of adult entertainment establishments." i The motion was seconded by Director Keith and unanimously adopted by voice vote of the Board Members present; therefore, the matter was deferred. ' Introduced next was Ordinance No. 14,166, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1700 NAPA VALLEY DRIVE (Z73766), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for Church and related activities - Asbury Methodist Church) and there was a first reading of the Ordinance. A motion was then made by Director Langston 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 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 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 - Director Ct O1y -. W_eeks� Ma nr RuscPy T)i rPrtnrs Sharkel ford Huhbel l and 1.Ones_ t- t �I 1111159 DECEMBER 3, 1981, Cont'd. Noes - None; Absent - None. It was announced that the Ordinance had PASSED. I The neat presentation was Ordinance No. 14,167, with the title being: AN ORDINANCE GRANTING APPROVAL OF A PLAN DEVELOPMENT ON PROPERTY LOCATED AT THE ' NORTHWEST CORNER OF SEVENTH AND CUMBERLAND STREETS, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Z -3756 - Phase II of the Albert Pike Planned Development located on the East 110 ft. of Lots 7, 8 and 9, Block 28, Original City, to be used for a high -rise elderly housing project, as approved by the Planning Commission.) 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 Weeks and adopted by unanimous vote of the Board Member 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 again made and seconded by Directors Keith and Weeks, 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, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, Mayor Bussey declared the Ordinance PASSED. A Public Hearing had been set for this time and place on the,Zoning Appeal from Richard Hughes for Joseph Briscoe, Jr. and Joseph Briscoe, II, to rezone 10800 Baselin Road, described as the East 1 /8th of the Southeast Quarter of the S/E Quarter of Section 33, Township 1 North, Range 13 West, Pulaski County, Arkansas, containing five acres, more or less (Z- 3743), from "R -2" Single - family District to "I -2" Light Industrial District, to be used for industrial office and storage purposes. The publi hearing was then declared open with no objectors present; however, a discussion ensued in which Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that this proposal does not conform with the Plan and a line has to be drawn somewhere. Upon question by Director Jones, Mr. Griffin said it is a tough decision on whether this ' property could be used for housing because some of it is in the flood plain. Mrs. Gladys Briscoe, one of the applicants, stated there are fifteen to sixteen non -con- i forming uses in the area, and this is one of them. She pointed out there were no objectors and she felt this would not harm the City with the other non - conforming uses in existence. Upon question by Director Jones, Mrs. Briscoe advised that the proposed zoning is part of the conditions of sale of the property. There was no further discussion, the public hearing was declared closed, and the proposed Ordinance to rezone the property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 10800 BASELINE 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 Langston, 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 made by Director Keith, 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 so DECEMBER 3, 1981, Cont'd. 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, follow- ed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Mayor Bussey - total 1; Noes - Directors Keith, Langston, Weeks, Shackelford, , Hubbell and Jones - total 6; Absent - None. It was then announced that the Ordinance had FAILED TO PASS. A Public Hearing had been set for this time and place on the Zoning Appeal of Tom Bridgers and Bobbie Taylor, to rezone 117 -121 North Walnut Street (Z- 3728), described as Lots 5 & 6, Blankenship Subdivision of Block 8, Glendale Addition to the City of Little Rock, Arkansas, from "R -4" Two - family District to "O -1" Quiet Office District, which had been denied by the Planning Commission on September 29, 1981. The public hearing was declared open and Mr. Robert McHenry, representing Mr. Bridgers stated that these two lots should be rezoned, it is a unique case.economically un- feasible for a small rental house, and would be better for office use. There was no further discussion, the public hearing was declared closed and the proposed Ordinance was placed on first reading, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 117 -121 NORTH WALNUT 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 said Ordinance was read the first time; after which there was a motion 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 in number and two - thirds or more of the member 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 Ordi- nance 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 - Director Hubbell - total 1; Noes - Directors , Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Absent - None. Mayor Bussey then announced that the Ordinance had FAILED TO PASS. Another public hearing had been scheduled for this time and place on the Zoning Appeal of Elizabeth Murphy, Kenneth and Beryl Jones, to rezone the S/W corner of "A" and Rose Streets (Z- 3747), described as Lots 1, 2, 3, 4, 10, 11 & 12, Block 8, Blanken ship's Addition to the City of Little Rock, Arkansas, from "R -5" Urban Residence District and "0-3" General Office District to "C -3" General Commercial District, which had been denied by the Planning Commission on September 29, 1981. Mayor Bussey declare the public hearing open and Mrs. Elizabeth Murphy, the applicant, was the only person who wished to speak. She stated that she was requesting a conditional use permit for parking on the property. Mr. Nathaniel Griffin, Director of Comprehensive Planning was in agreement and supported�a conditional use, and advised Mrs. Murphy that the Zoning Appeal was not necessary. After a three- minute consultation with Mr. Griffin, , Mrs. Murphy then withdrew the Zoning Appeal Application, the public hearing was declared closed, and the proposed Ordinance was not presented. 61 DECEMBER 3, 1981, Cont'd. I A public hearing had been scheduled for this time and place by Resolution No. 6,694, to hear arguments on the Petition from Attorney Beresford L. Church, Jr. for H. Donald Pfeifer, et al, to vacate and close all that part of South Lookout Avenu ' as shown on the plat of Hillcrest Addition to Little Rock, Arkansas, which lies within the bounds of lands subsequently.platted as Block One (1), of Replat of Doyle Place, an Addition to the City of Little Rock, Arkansas, as recorded in Plat Book 2, at Page 188 in the office of the Recorder for Pulaski County, Arkansas (attached to the Petition), as approved by the Planning Commission. Attached to the Petition was a letter from Beach Abstract & Guaranty Company, certifying the names of the last I apparent owners of abutting property. As Notice of Hearing had been duly published on November 23, 1981 and November 30, 1981, as required by Law, the public hearing was opened by 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 street. (See Ordinance No. 14,168 below) Ordinance No. 14,168 was presented, with the title being: I AN ORDINANCE VACATING AND CLOSING ALL THAT PART OF SOUTH LOOKOUT AVENUE AS SHOWN ON THE PLAT OF HILLCREST ADDITION TO LITTLE ROCK, ARKANSAS, WHICH LIES WITHIN THE BOUNDS OF LANDS SUBSEQUENTLY PLATTED AS BLOCK 1, OF REPLAT OF DOYLE PLACE, AN 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 Weeks 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 Keith and Shackelford, respectively', and unanimously adopted by the Board i 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, ther was an Aye and No Vote taken on the question, Shall the Ordinance Pass, which resulted) as herein recorded: Ayes - Directors Keith, Langston, Mayor Bussey, Directors Shackel ' ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,169, entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 14,157 ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 635; (Appointing William P. Wiggins as a commissioner, replacing Robert A. "Bob" Peck) and there was a first reading of the Ordinance. A motion was then made by Director I 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 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 Weeks and seconded by Director 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 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 62 DECEMBER 3, 1981, Cont'd. Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been designated for this time and place upon the question of ' issuance of Tourism Revenue Bonds for Little Rock Motels No. 1, Ltd. The public hear- ing was declared open by 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. 14,170 as follows) Next presented was Ordinance No. 14,170, containing the following title: 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 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND LITTLE ROCK MOTELS NO. 1, LTD., A TEXAS LIMITED PARTNERSHIP, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAIN- ING THERETO; AND DECLARING AN EMERGENCY; (Airport Holiday Inn) ' and the Ordinance was read the first time. There was a motion made at this time 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, with the second reading of the Ordinance following. A subsequent motion was made by Director Shackelford, seconded by Director 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 member of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency I Section, had PASSED. Resolution No. 6,708 was presented, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR EMPLOYEE HEALTH INSURANCE; AND FOR OTHER PURPOSES; (Prudential Insurance Company) and the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Weeks, 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, Mayor Bussey, Directors Shackelford, Hubbell and Jones total - 7; Noes - None; Absent - None. There was presented Ordinance No. 14,171, entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1 1982 AND EN I 2• APPROPRIATING FUNDS, 63 DECEMBER 3, 1981, Cont'd. FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A discussion followed on various appropriate contained in the proposed budget. Director Hubbell pointed out several proposals would be offered as amendments and suggested that they be discussed at the next Agenda i Meeting. It was Director Langston's idea to proceed with adopting Schedule A of the proposed budget. Mr. E. Jack Murphy, Director of Finance, preferred that the Board of Directors go ahead and pass the operating budget, which is Schedule A, and that Cate- gory B and C Fundings be delayed. A motion was then made by Director Keith and second ed by Director Langston, "to amend the Ordinance by deleting Section 6 which deals with Category B and C Fundings. A roll call taken on the motion received the follow- ing response: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shacke ford, Hubbell and Jones - total 7; Noes - None; Absent - None. A subsequent motion was then made by Director Keith, seconded by Director Langston for a suspension of the rules and the placing of the Ordinance, as amended, 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 Ordinance, as amended, was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Langston, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an I Aye and No Vote on the passage of the Ordinance which received the following response: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. i The Emergency Clause contained in Section 9 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Secti had been PASSED. ' After adoption of the Operating Budget, a brief discussion ensued on the 1982 appropriation for Central Arkansas Transit Company. Director Jones made a motion that $51,000 be added to the 1982 proposed appropriation of $459,000, making a total of $510,000 to be appropriated for CAT. The motion was seconded by Director Shackelford, and submitted to the following roll call with the vote being: Ayes - Directors Shacke ford and Jones - total 2; Noes - Directors Keith, Langston, Weeks, Mayor Bussey and Director Hubbell - total 5; Absent - None. A subsequent motion then followed from Director Hubbell and seconded by Director Langston, "to appropriate $459,000 for CAT as previously voted on, representing a loo cut." A roll call was taken on the motion with the outcome being: Ayes - Directors Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. In order for the bus company to proceed with filing an application for matching federal funds, the following Resolution, No. 6,709, was ' presented entitled: A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE ROCK, ARKANSAS, TO BUDGET AND APPROPRIATE NOT LESS THAN THE SUM OF $459,000 FOR THE YEAR 1982 TO BE USED IN DEFRAYING THE COST OF THE PUBLIC MASS TRANSPORTATION SYSTEM OWNED BY THE CITY OF LITTL ROCK ARKANSAS; AND FOR OTHER PURPOSES; f 64 DECEMBER 3, 1981, Cont'd. with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Langston, and the following roll call vote: Ayes - Directors Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. The last Ordinance to be considered was No. 14,172, with the title being: AN ORDINANCE AUTHORIZING THE PURCHASE OF EIGHTEEN ACRES OF LAND LOCATED SOUTH OF BOYLE PARK; APPROPRIATING THIRTY -EIGHT THOUSAND, FIVE HUNDRED DOLLARS ($38,500.00) FOR THE PURCHASE OF LAND LOCATED SOUTH OF BOYLE PARK; AND FOR OTHER PURPOSES; I and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Hubbell, again seconded by Director Weeks, to further suspend the rules and place the Ordinance on its third and final reading. The i 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 then ' was a third and last reading of the Ordinance. An Aye and No Vote was then taken on li the passage of the Ordinance, with the response described as follows: Ayes - Director Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, nubbell and Jones - I total 7; Noes - None; Absent - None. Accordingly, it was announced that the ordi- nance had PASSED. I Under "J" Citizen Communications, Mr. Justin Matthews, III, spoke to the Board of Directors regarding the drilling and sale of methane gas at the old landfill site. He questioned whether a lease would be presented at the December 15th Board Meeting, and if so, how would the lease be handled? He said he would like a chance to bid and suggested both he and Mr. Putnam be presented a lease agreement for submittal. He further added, "we feel we can present a more favorable lease than Mr. Putnam and we would like a chance to bid on it." Director Weeks mentioned the possibility of a lease on the landfill being used now for Mr. Matthews; however, Mr. Matthews said the City will make more money dealing with one person rather than two. City Attorney Jack ' Magruder said that he had requested Attorney Thomas P. Thrash to prepare the lease agreement, as directed by the Board of Directors, at a cost of $50.00 per hour, which will require not more than ten hours. Attorney Bill Spivey representing Mr. Bill Putnam, was present and reminded that Resolution No. 6,700, adopted PHF Exploration Company, Inc. There was no further discussion and no action was taken. 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 Weeks, and unanimous adoption by the Board Members present, the meeting was recessed at 9:20 o'clock P. M. to reconvene on Wednesday, December 9, 1981 at 1:30 o'clock P. M. to consider Cate- gory B and C Fundings for the 1982 City of Little Rock Budget. ATTEST: P/n( a APPROVED:��� City Clerk - Mayor ' * * * * * * * * * * * * ss Board of Directors Chamber Little Rock, Arkansas December 9, 1981 - 3:00 P. M. I 1 Arkansas reconvened from the The Board of Directors of the City of Little Rock, I December 3, 1981 rescheduled regular meeting with Mayor Bussey presiding, and Jane Czech, CitylClerk, with the following Directors present:" Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent - Director Hubbell - total'1. A quorum was declared to be present and the meeting therefore, proceeded as I herein recorded. To'open the meeting, Mayor Bussey made a motion, seconded by Director Keith, that "the Board go into Executive Session in the Conference Room to discuss personnel." The motion was unanimously adopted by voice vote of the Board Members present. At 4:50 o'clock P. M. the Board of Directors reconvened from Executive Session to regular session in the Board Chamber, with Mayor Bussey presiding and the following Directors answering roll call: Directors Keith, Langston, Weeks, Shackelford and Jones - tonal 5; Absent - Director Hubbell - total '1. ' The first matter to be considered was a motion by Director Keith; seconded by Director Weeks, "that we grant the City Attorney's Office (legal staff) a 7% salary increase over 1981 salaries, to be apportioned among his employees as City Attorney Magruder sees fit." A roll call was taken which adopted the motion as follows: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Another motion was made at this time from Director Keith and seconded by Director Weeks, that "we grant City Manager Mahlon Martin a 7% salary increase over his 1981 S Lary, effective January 1, 1982." A roll call was taken and the motion was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. In a brief discussion regarding Item (d) on the Tentative Consent Agenda, which ' was a Resolution authorizing the City Attorney to appeal Erickson vs. City of Little Rock; and Cash vs. City of Little Rock, it was generally agreed to consider the appeals in separate Resolutions. The clonsideration and discussion on B and C Funding Categories in the 1982 Budget was postp ned until the Official Board Meeting on Tuesday, December 15, 1981, by motion fro m Director Langston, seconded by Director Keith and unanimous voice vote of the Board of Directors present. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Langston, which was unanimously adopted by the Board Members present, the meeting was adjourned at 5:00 o'clock P. M., with the Board of Directors to convene again in regular session on Tuesday, lecember 15, 1981 at 7:30 o'clock P. M. ATTEST: (( /Z APPROVED: City Clerk Mayor 66I 'I Board of Directors Chamber Little Rock, Arkansas December 15, 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 Charles Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. i A quorum being present, Mayor Bussey declared the Board of Directors in session. The meeting was opened with the invocation given by Director Shackelford. Before the Consent Agenda was considered Rev. E. A. Arnold of 3207 East 6th Street, representing the United East End, repeated the plea for the fire station at Adams Field to remain open. He contended that the east side of the City could not be adequately served by other fire stations, and cited reasons for delay of fire trucks responding from other locations such as, two or three railroad tracks to cross and winter flooding. There was no further discussion and no other persons present who wished to speak. ' The Consent Agenda was then presented, consisting of the following items: (a) The Minutes of the previous meeting held December 3, 1981 and the reconvened meeting held December 9, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1981. (c) Resolution No. 6,710, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR BULK OIL AND SECURITY SERVICE FOR THE CITY MATERIAL YARD COMPLEX; DECLARING EXCEPTIONAL SITUATIONS, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR COMPUTER EQUIPMENT PREVENTATIVE MAINTENANCE AND FOR THE ANNUAL CONTRACTS FOR THE PURCHASE OF PARTS AND MAINTENANCE SERVICE; AND FOR OTHER PURPOSES. (d) Motion setting date for public hearing on January 5, 1982 on zoning appeal I to rezone 12800 Hinson Road (Z- 3767), from "R -2" Single - family District to ' i "0 -3" General Office District. (e) Resolution No. 6,711, with the title being: A RESOLUTION DECLARING THE LOCATION OF FIRE STATIONS IN THE CITY OF LITTLE ROCK TO BE A MATTER TO BE CONSIDERED AND RESOLVED BY THE STAFF; STATING THE INTENT OF THE BOARD OF DIRECTORS TO REFRAIN FROM TAKING A POSITION ON THE LOCATION OF FIRE STATIONS; AND FOR OTHER PURPOSES. By motion of Director Hubbell, seconded by Director Keith, and a roll call vote with I 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) The Comparative Statement of Income Account for the Municipal Water Works was received and filed; (c) Resolution No. 6,710 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; ' Absent - None; (d) Public Hearing was set on January 5, 1982 on zoning appeal to re- zone 12800 Hinson Road; and (e) Resolution No. 6,711 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. 67 DECEMBER 15, 1981, Cont'd. Ordinance No. 14,173 was presented containing the following caption: APPROPRIATING SPECIAL PROJECTS FUNDS FOR B AND C FUNDING CATEGORIES FOR THE YEAR ' 1982; AND FOR OTHER PURPOSES; which Ordinance was read the first time, with the projects appropriations to be decide upon at this time and made a part of Section 1 of the Ordinance. A lengthy discussion followed in which Director Hubbell advised he would like to defer the matter he had brought beflore the Board recently, regarding a Study of Metropolitan Services Consol- idation in the amount of $150,000, until he can obtain more accurate figures. He further advised private interests had agreed to provide a substantial sum for the study, and he would be bringing a Resolution to the Board in support of the Metropolitan Government concept. Director Langston presented a proposal to fund 7 fire and 7 police positions in the amount of $240,000, out of the Category B and C Fundings. When proposal to retain these positions failed to receive a second, he withdrew the matter. Director Shackelford proposed that the 1982 funding for Central Arkansas Transit Company be $510,000 or an increase of $51,000 over the proposed amount, pointing out i this is a service needed by the people. Director Jones seconded the proposal which ' the Shackelford Jones - failed by following roll call vote: Ayes - Directors and total 2; Noes - Directors Keith, Langston, Weeks, Bussey and Hubbell - total 5; Absent - None. In conjunction with the proposal, Ms. Susanne Johnson stated that it was her information some of the CAT bus routes would be cut, with the shuttle bus she rides being the first one to be discontinued. She said the ridership in the last few months has increased. Mrs. Janet Buford of the Transit Policy Board advised the information) is correct that the shuttle line will be cut. Upon question by Director Hubbell, she said there will be two runs per day on the Lilac Circle Route. Mayor Bussey then reminded the Board of Directors of the Evaluation Study of the Police and Fire Departments agreed upon at the retreat on Petit Jean Mountain, at an approximate figure of $80,000. He said this study will in no way, be critical of the departments, but will prove valuable. In the discussion, Director Langston advised that the Fire Department is rated annually by the Inspection and Rating Bureau. A motion then ' followed from Director Keith, seconded by Director Hubbell, that "we adopt as policy, the evaluation of the Police and Fire Departments in 1982, with no specific amount stated at this time." The motion was unanimously adopted by voice vote of the Board Members present. In order to retain a reserve of $100,000 for the study and other needs, it was generally agreed that two - thirds of the $100,000 be taken from the amount initially proposed for street resurfacing, and one -third from the amount propos for storm drainage. The following accounts and appropriations were then inserted in Section 1 of the Ordinance: GENERAL REVENUE SHARING 1, Increase Operating Reserve $ 500,000.00 2. Fund STEP in 1982 125,000.00 3. Firemen's Salaries 14,000.00 4. C.A.T. 459,000.00 5. Library 111,172.00 ' 6. Arts Center 108,466.00 7. Museum 73,731.00 8. Street Re- surfacing 449,407.00 600,000.00 9. Storm Drainage 224,704.00 300,000.00 I 68 DECEMBER 15, 1981, Cont'd. There was no further discussion and a motion was then made by Director Keith, 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 Director =, i 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 again made by Director Keith and again seconded by Director Weeks, for a furthe suspension of the rules to allow for the third and final reading of the Ordinance. Th 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, resultin in the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directo Hubbell and Jones - total 6; Noes - Director Shackelford - total 1; 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, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - Director Shackel- ford - total l; Absent - None. It was then announced that the Ordinance, together ' with the Emergency Section, had PASSED. At 8:30 o'clock P. M. Mayor Bussey declared a fifteen minute recess. The Board of Directors reconvened at 8:45 P. M. with Mayor Bussey presiding and the following Directors answering roll call: Directors Keith, Langston, Weeks, Shacke ford and Jones - total 5; Absent - Director Hubbell - total 1. Introduced at this time was Resolution No. 6,712, containing the following title: A RESOLUTION AMENDING THAT PART OF SECTION 1 OF RESOLUTION NUMBER 6468 PERTAINING TO WEEKEND FEES FOR GOLF COURSES TO INCREASE WEEKEND FEES; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was made by Director Keith and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 5; Noes - Director Langston - total 1; Absent - Director Hubbell - total 1. ' Ordinance No. 14,174 was the next presentation, entitled: AN ORDINANCE AMENDING'SECTION 1 OF ORDINANCE NUMBER 14066 TO REFLECT THE ANNUAL SALARY OF CITY 14ANAGER MAHLON MARTIN; AND FOR OTHER PURPOSES; (Increase of annual salary by 7% of the 1981 salary.) 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 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, 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 passage of the Ordinance with the resulting vote being recorded as • herein described: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors I Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. 69 DECEMBER 15, 1981, Cont'd. I Resolution No. 6,713 was considered at this time, with the title being: i A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE AN APPEAL AND ACCOMPANYING WRIT OF SUPERSEDEAS. IN THE CASE OF ERICKSON V. CITY OF LITTLE ROCK; AND FOR OTHER ' PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Weeks, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford an Jones - .total 6; Noes - None; Absent - Director Hubbell - total 1. A public hearing had been scheduled for this time and place to consider granting a franchise to Mr. Larry Huffman, for the construction of a wall extending into the public right -of -way at #11 Wellington Court. Mayor Bussey declared the public hearing open and Attorney Bill Cordell, representing Mr. Huffman, presented the request for the franchise. Upon question by Director Jones, Mr. Bill Davies, Director of Public Works advised encroachment on public right -of -way is not the only violation, with another relating to drainage. Mr. Dan Medlock of #9 Wellington Court, spoke in opposition to the franchise. He stated Mr. Huffman was advised the wall is in violati and that the Bill of Assurance states no construction will be permitted in the ease- 1 ments. There was no further discussion, the public hearing was closed and the propose Ordinance was placed on first reading, entitled: AN ORDINANCE GRANTING A FRANCHISE TO MR. LARRY HUFFMAN TO UTILIZE A PORTION OF THE PUBLIC RIGHT -OF -WAY AT #11 WELLINGTON COURT; AND FOR OTHER PURPOSES; and after a 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 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, again seconded by Director Keith, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimouilli 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. There was a third and ' final reading of the Ordinance after which an Aye and No Vote was taken on the questio , Shall the Ordinance Pass, with the results recorded as follows: Ayes - None; Noes - i Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Absent - Director Hubbell - total 1. An announcement was made by Mayor Bussey that the Ordinance had FAILED TO BE PASSED. The next presentation was Resolution No. 6,714, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BURKE AND ASSOCIATES, INC. FOR DESIGN AND IMPLEMENTATION OF AN IMPROVED MAINTENANCE MANAGEMENT SYSTEM FOR THE PUBLIC WORKS DEPARTMENT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Shackelford seconded by Director Weeks, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Langston) ' Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent Director Hubbell - total 1. The last Resolution to be considered was No. 6,715, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE MAYOR TO DRAFT AND SEND A LETTE 70 DECEMBER 15, 1981, Cont'd. TO THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT AND THE FEDERAL DEPARTMENT OF TRANSPORTATION INDICATING THAT OTTER CREEK MALL ROAD WILL BE DESIGNATED AS A PUBLIC STREET AND WILL BE ACCEPTED FOR MAINTENANCE BY THE CITY IN CONFORMANCE WITH THE SUB- DIVISION REGULATIONS OF THE CITY OF LITTLE ROCK; EXPRESSING SUPPORT OF THE CONCEPT OF WAIVING SIDEWALKS ALONG OTTER CREEK MALL DRIVE; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Mr. Russell Berry of Garver & Garver, Engineers explained that he felt the Federal Department of Transportation would approve the plan as presented to the Board of Directors at the Agenda Meeting and that a letter from the Mayor and City Manager will indicate the street will be li accepted by the City for maintenance. In the brief discussion, Director Shackelford made a motion that the Resolution be amended to add a section expressing the support of the concept of waiving sidewalks along Otter Creek Mall Drive. The Board of Directors' reasons for waiver of sidewalk regulations along Otter Creek Mall Drive was the extraordinary cost involved; in light of the fact that Otter Creek Mall Drive connects two interstate highways; the fact that there is no current or projected residential development in the immediate area, the developers will provide a internal- ized pedestrian system and provide for emergency pedestrian movement with the develop- ' ment. The motion received a second from Director Jones and was unanimously adopted by the Board Members present. A subsequent motion was then made by Director Langston, seconded by Director Weeks, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution with the outcome being: Ayes - Directors Keith, Langston, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Under "J" Citizen Communications, Attorney W. P. Hamilton stated that the purpose of his presentation was the resolution of a building permit at the intersection of Markham Street and Rodney Parham Road. Owners of the property are Mr. and Mrs`. Jerry Haney and Betty Haney who propose to build a "Mexico Chiquito" restaurant at 100 South Rodney Parham Road. Rear access to the property would be off Sunnymeade Drive; how- ever, in 1976 when the property was rezoned, a 25 -ft. buffer strip was established along the west side of Sunnymeade Drive. Attorney Mark Spradley representing a ' property owner, stated the 25 -ft. strip was for a buffer; that the developer wants ingress and egress and they already have adequate access on'Rodney Parham Road. The Public Works Department has issued a building permit for construction of the building with provisions that they could not build a driveway off Sunnymeade Drive, until the legal question of ingress and egress across a buffer strip can be resolved. There was no further discussion and no action taken. Rev. Harry Bass of the Christian Ministerial Alliance spoke to the Board of Directors stating a "contingent" of black officers had approached the Alliance with concerns that they were not getting recognition or being promoted as they feel they should be. He further added, "they're not satisfied they have gotten a proper hearing and they say it's causing dissension in the department." Rev. Bass appealed to the Board of Directors to work toward a compromise before a discrimination suit filed in 1978 is heard in court. The officers asked that a black sergeant be promoted to lieutenant as part of a compromise and that another black'be promoted to sergeant. ' Director Weeks recommended that if it is possible for the two sides to discuss this I and reach a compromise, this is the way it should be settled. Director Keith suggeste the Board recess its regular meeting so that it could consider such a compromise on '71 i DECEMBER 15, 1981, Cont'd. short notice. Trial of the suit is scheduled for January 4, 1982, and the Board Members agreed they should act before then. Mayor Bussey introduced William Winston Hill who will become a Eagle Scout on December 17th. There was no further business to be presented or to come before the Board of i Directors and upon motion of DirectoI Keith, seconded by Director Shackelford, and unanimous adoption by the Board Membe rs resent the meeting was recessed at 10:00 p g o'clock P. M. to reconvene on Wednesday, December 30, 1981 at 1:30 o'clock P. M. to consider a compromise on the complaint of police officers described in a foregoing paragraph. ATTEST : APPROVED: �✓ /� /�" - i City Clerk Mayor I I II I i I I I I I I I / 72 Board of Directors Chamber Little Rock, Arkansas December 30, 1981 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the December 15, 1981 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Langston, Hubbell and Jones - total 4; Absent - Directors Weeks and Shackelford - total 2. With a quorum in attendance, Mayor Bussey declared the Board of Directors in I session. i The first matter to be considered was the authorization to issue Industrial Development Revenue Bonds for Yellow Freight Systems, Inc. A public hearing had been scheduled and advertised for this time and place to hear persons wishing to speak for or against the proposal. Mayor Bussey declared the public hearing open and when no one appeared to speak in opposition, he declared the public hearing closed, and Ordinance No. 14,175 was presented, entitled: l 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 YELLOW FREIGHT SYSTEM, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAIN- ING THERETO; AND DECLARING AN EMERGENCY; and there was a first reading of the Ordinance. A motion was then made by Director Langston 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 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 Hubbell and seconded by Director Langston, for a further suspension of the rules to allow for the third and i 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 Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith and Langston, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2. The Emergency Clause contained in Section 10 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith and Langston Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2. Whereupon, the Ordinance, together with the Emergenc Section, was declared PASSED. ' A discussion was held on possible funding of the school crossing guards for the remainder of the 1981 -82 school year. The crossing guards will cost the City $25,000 for the Spring School Semester. The funding of the guards was eliminated during this year's budget work sessions. Some of the Board Members now favor reinstating the _ appropriation for the remainder of the school year while the School Board finds a "permanent solution" to fund the crossing guard program. Director Jones also suggeste '73 DECEMBER 30, 1981, Cont'd. increasing the City's 1982 appropriation for Central Arkansas Transit System by $51,000, which would restore the 10% reduction when the Budget was approved; however, there were no comments regarding the proposal. To conclude the discussion, it was generally agreed to appropriate $25,000 for school crossing guards from funds previous) appropriated from storm drainage and Ordinance No. 14,176 was presented, containing the following caption: AN ORDINANCE AMENDING ITEM 9 OF SECTION 1 OF ORDINANCE NUMBER 14,173 TO DECREASE BY $25,000.00 THE AMOUNT APPROPRIATED FROM THE GENERAL FUND FOR STORM DRAINAGE; APPROPRIATING TWENTY FIVE THOUSAND DOLLARS FROM FUNDS PREVIOUSLY APPROPRIATED FOR STORM DRAINAGE TO FUND SCHOOL CROSSING GUARDS FOR THE REMAINDER OF THE 1982 SCHOOL YEAR; DECLARING AN EMERGENCY; A14D FOR OTHER PURPOSES; 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 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 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, seconded by Director Keith, 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. i There was a third and last reading on 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, Mayor Bussey, Directors Hubbell and Jones total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2. 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, Mayor Bussey, Directors Hubbell and (Jones - total 5; Noes - None; Absent - Directors I Weeks and Shackelford - total 2. It was then announced that the Ordinance, together with the Emergency Section, had PASSED. i Another discussion evolved fromicomments made regarding taxicab rates between the Airport and downtown Little Rock, and on multiple passengers. Director Keith stated it is almost impossible to get a cab at the Little Rock Airport, and the established rate.from the Airport to downtown Little Rock is $3.90 and that the rule prohibits ride - sharing by customers not going to precisely the same destination. He further commented that taxi drivers now use the seven -mile route along the East Belt Freeway rather than slower routes through the east section of the City, and that drivers would not be reluctant to make the trip if they could carry more than one passenger. He said a fare of $5.00 should be established for persons who demand to ride alone. Vice Mayor Jones noted that the Board of Directors had given the Airport Commission power t oversee the operation of taxis at Adams Field, with the exception of rates; and, that she had seen "cabs lined up" at the I irport. It was Director Hubbell's opinion that persons who want to ride alone should not be penalized. To conclude the discussion, Resolution No. 6,716 was introduced, with the title being: A RESOLUTION SETTING THE DATE OF FEBRUARY 2, 1982, FOR A PUBLIC HEARING TO HEAR COMMENTS ON TAXICAB RATES BETWEEN THE AIRPORT AND DOWNTOWN LITTLE ROCK, AND ON MULTIPL LOADING; AND FOR OTHER PURPOSES; 74 DECEMBER 30, 1981, Cont'd. I and the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Keith, that the Resolution be adopted. A roll call followed _ and the Resolution was subsequently adopted by the following vote: Ayes - Directors ' Keith, Langston, Mayor Bussey and Director Hubbell - total 4; Noes - Director Jones - total 1; Absent - Directors Weeks and Shackelford - total 2. Mrs. Janet Buford, a member of the Transit Policy-Board was present and advised the Board of Directors that North Little Rock had reconfirmed their total commitment • I for Central Arkansas Transit funding during 1982. I Since there was no further business to be presented or to come before the Board I of Directors, upon motion of Director Hubbell, seconded by Mayor.Bussey, and un- animously adopted by the Board Members present, the meeting was adjourned at 2:10 o'clock P. M. and the Board will meet again in regular session on Tuesday, January 5, 1982 at 7:30 o'clock P. M. ' I ATTES APPROVED: City Clerk Mayor l I I I i iC '.0 'R ':C JY 7Y JY iC k JY :C DY I I I I III 1 1 75 � Board of Directors Chamber I Little Rock, Arkansas January 5, 1982 - 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 Charles Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - None; Vacancy - Position No. 2 due to appointment of I Director John Langston to Circuit Judgeship by Governor Frank White, serving Pulaski and Perry Counties. With a quorum being present, Mayor Bussey declared the Board of Directors in session. To open the meeting, the Invocation was given by Director Jones. Mayor Bussey requested the City Clerk to read the following letter of resignation from Director John Langston: i "Mr. Mahlon Martin City Manager City Hall Little Rock, Arkansas Dear Mahlon: Due to my recent appointment as Circuit Judge, I hereby tender my resignation from the Little Rock Board of Directors, effective January 5, 1982, at 10 a.m. I also have to resign my position with the Transit Policy Board and as Chairman of the Police Pension Fund. Respectfully submitted, /s/ John Langston" a motion then followed by Director Keith, seconded by Director Weeks to accept Directo Langston's resignation. The motion was unanimously adopted by voice vote of the Board I of Directors present. Mayor Bussey then requested the City Clerk to read the following letter from Byron R. Morse: ' "Dear Mayor: I appreciate your thinking of me for the vacancy on the City Board but I will have to decline. Sincerely, /s/ Byron Morse" Director Weeks then made a motion that Mr. Morse's letter be accepted by acclamation. I The motion received a second from Director Keith and was unanimously adopted by voice i vote of the Board.Members present. With Position No. 2 now being vacant, Director Keith made a motion, seconded by Director Weeks, that Mr. J. W. "Buddy" Benafield be appointed to fill the vacancy on the Board of Directors. The motion was unanimously adopted by voice vote of the Board Members present, and a subsequent motion followed from Director Hubbell, seconded by Director Keith that nominations cease. This motion was also unanimously adopted by voice vote of the Board Members present. Mayor Bussey then requested a roll call vote on the appointment of Mr. Benafield to Position No. 2, with the results recorded as follows: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - None. Therefore, Mr. Benafield was named to fill the vacancy created by the appointment of Director John Langston to Circuit Judge serving Pulaski and Perry Counties of Arkansas. 7611111. i JANUARY 5, 1982, Cont'd. Mayor Bussey presented a plaque to Judge Langston and Resolution No. 6,717, recognizing the dedicated service of Director John Langston and expressing appreciation to him for his contribution to the City of Little Rock. The Resolution was read in ' its entirety and a motion was made by Director Hubbell, seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution adopted by the following vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelfor Hubbell and Jones - total 6; Noes - None; Absent - None; Position No. 2 Vacant. The Consent Agenda was then presented, consisting of the following items: (a) The Minutes of the previous meeting held December 15, 1982 and the reconvened meeting held December 30, 1981. (b) The Community Development Block Grant Financial Statement for the period ending June 30, 1981. (c) The Audit Report of Oakland - Fraternal Cemetery for the period ending October 31, 1981. (d) Resolution No. 6,718, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL CONTRACT FOR CONCRETE AND FOR TERMINAL AND COMPUTER ' MAINTENANCE; DECLARING AN EXCEPTIONAL SITUATION; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE ANNUAL PURCHASE OF PARTS FOR VEHICLE MAINTENANCE; AND FOR OTHER PURPOSES. (e) Resolution No. 6,719, with the title tieing: I A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF SEVENTH STREET. (Starting at the S/E corner of Fowler Square; Public Hearing set for January 19, 1982 at 7:30 P. M. (f) Resolution No. 6,720, described as: A RESOLUTION SETTING THE DATE OF JANUARY 19, 1982 FOR A PUBLIC HEARING ON THE BOARD OF DIRECTORS' CONSIDERATION OF THE VACATION OF PORTIONS OF LONGVIEW AVENUE, FOREST AVENUE, GASLAND AVENUE, ROCKEFELLER AVENUE, SECOND STREET, THIRD STREET, FOURTH STREET, AND TWO ALLEYS ALL LOCATED IN ARKANSAS HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND -FOR OTHER ' PURPOSES. (g) Resolution No. 6,721, entitled: A RESOLUTION SETTING THE DATE OF JANUARY 19, 1982 FOR A PUBLIC HEARING ON THE RENEWAL OF VARIOUS TAXICAB PERMITS FOR 1982; AND FOR OTHER PURPOSES. (h) Resolution No. 6,722, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACQUIRE THE NECESSARY RIGHT -OF -WAY FOR THE FORBING ROAD IMPROVEMENT DISTRICT; AND FOR OTHER PURPOSES. (i) Resolution No. 6,723, described as: A RESOLUTION AUTHORIZING A WAIVER OF THE POLICY OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK WHICH REQUIRES ANNEXATION OF PROPERTY PRIOR TO THE PROVISION OF WATER SERVICE TO ALLOW FORMATION OF RUMMEL ROAD WATER IMPROVEMENT DISTRICT; AND FOR OTHER PURPOSES. By motion of Director Keith, seconded by Director Hubbell, 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) The Financial Statement of the CDBG Program ending June 30, 77 i JANUARY 5, 1982, Cont'd. II 1981 was received and filed; (c) The Audit Report of the Oakland- Fraternal Cemetery fo the period ending October 31, 1981 was received and filed; and (d, e, f, g, h & i) Resolutions No. 6,718, 6,719, 6,720, 6,721, 6,722 and 6,723 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - None; Position No. 2 Vacant. i A Public Hearing had been scheduled for this time and place on the Zoning Appeal filed by Mr. James W. Droege, to reclassify 12800 Hinson Road in the City of Little Rock, from "R -2" Single - family District to "0 -3" General Office District. Mr. Droege did not comply with requirements by failing to notify the objecting property owners within 200 feet; therefore, the matter was withdrawn and the Public Hearing reschedule for January 19, 1982, at 7:30 P. M. Ordinance No. 14,177 was presented, 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; (18 acres on the west side of Shackelford Road approximately 1/4 mile north of Colonel Glenn Road, referred to as the "Nalley" Annexation - Court Order dated November 2, 1981.) 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 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 Keith, seconded by Director Shackel- ford, 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 herein described: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - None; Position No. 2 Vacant. ' Whereupon, the Ordinance was declared PASSED. Resolution No. 6,724 was considered at this time, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE 1982 DUES FOR THE MEMBERSHIP OF THE CITY OF LITTLE ROCK IN THE ARKANSAS MUNICIPAL LEAGUE; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A brief discussion followed in which City Manager Mahlon Martin advised that $14,000 had already been approved in the 1982 Budget, but the full amount for 1982 membership dues is $17,500. Therefore, an additional $3,500.00 is needed to pay the full membership dues. When the 1982 Budget was reduced by 10 %, the Municipal League dues was reduced to $14,000. A motion follow- ed by Director Jones, seconded by Director Shackelford, that the Resolution authorizin payment of the 1982 dues be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Mayor Bussey, Directors Shackelford, Hubbell an Jones - total 4; Noes - Directors Keith and Weeks - total 2; Absent - None; Positio No. 2 Vacant. An Ordinance amending Section 15 of Ordinance No. 13,617 establishing a fee for appeals to the City Beautiful Commission had been placed on the official agenda, but upon motion by Director Hubbell, seconded by Director Shackelford, which was unanimous ly adopted. the proposed Ordinance was deferred until January 19 1982. 78 JANUARY 5, 1982, Cont'd. Another Ordinance had been placed on the official agenda to amend certain section of Chapter 44 of the Code of Ordinances to extend the length of sign permits and to increase fees. The Directors expressed the need to study the amendments further and a motion again made by Director Hubbell, seconded by Director Shackelford, which was unanimously adopted, deferred the proposed Ordinance until January 19, 1982. At this time, newly elected Director J. W. "Buddy" Benafield arrived at the Board Meeting and Mayor Bussey advised him that he had just been unanimously elected to Position No. 2 on the Board of Directors. Mr. Benafield responded with "it will be an honor to take the seat vacated by John Langston." There was no further business to be presented or to come before the Board of Directors and upon motion of Director Hubbell, seconded by Director Jones, and un- animous adoption by the Board Members present, the meeting was recessed at 8:15 o'clock P. M. to reconvene on Wednesday, January 13, 1982 at 1:30 o'clock P. M. to consider adopting an Industrial Development Bond Issue Inducement Resolution for Hoover Universal (regarding North American Metals). ATTEST: iec& APPROVED:��4 City Clerk Mayor I I I I 79 Board of Directors Chamber I Little Rock, Arkansas January 13, 1982 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the January 5, 1982 regular meeting with Mayor Bussey presiding, and Robbie Hancock, Assistant City Clerk, with the following Directors present: Directors Keith, Benafield, Hubbell and Jones - total 4; Absent - Directors Weeks and Shackelford - total 2. Mayor Bussey announced that a quorum was present and the following is an account of the proceedings: The first matter to be considered was the authorization of a Memorandum of I Intent by and between the City of Little Rock and Hoover Universal, Inc. to issue Act 9 Industrial Development Revenue Bonds not to exceed $2,500,000. A public hearing had been scheduled and advertised for this time and place to hear persons wishing to speak for or against the proposal. Mayor Bussey declared the public hear- ing open and when no one appeared to speak in opposition, he declared the public hearing closed, and Resolution No. 6,725 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND HOOVER UNIVERSAL, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT 9 OF 1960, AS AMENDED, 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 Hubbell and seconded by Director Jones, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2. Resolution No. 6,726 was then presented, with the title being: A RESOLUTION STATING THE SUPPORT OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK FOR THE COUNTY WIDE SALES TAX EFFORT; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Before a vote was taken on the adoption of the Resolution, a brief discussion was held regarding the expenditure of the tax money, should the tax be approved at the Special Election to be held February 2, 1982. Vice Mayor Jones suggested that "the garbage collection fees either be reduced or eliminated "; Director Hubbell wanted to show the public "what we can do with the dollars "; and Mayor Bussey stated that if the tax is approved, he will vote to restore full funding for the Central Arkansas Transit bus system. It was agreed by the Board to consider alternatives for expenditure of sales tax funds, if approved, at the Board of Directors Meeting Tuesday night. There was no further discussion and a motion was made by Director Hubbell, and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Director Benafield, Mayor Bussey, Directors Hubbell and Jones - total 4; Noes - None; Abstaining - Director Keith - total 1; Absent - Directors Weeks and Shackelford - total 2. 801�1 11 JANUARY 13, 1982, Cont'd. The subject of taxicab service at the Airport which has been a source of controversy, was brought to the Board's attention by City Manager Mahlon Martin. It was suggested that the Airport Commission become involved in a solution to the , problem, as well as the Chamber of Commerce. It was generally agreed that a Taxicab Advisory Committee be established and Resolution No. 6,727 was presented at this time, containing the following title: A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A TAXICAB ADVISORY COMMITTEE; AND FOR OTHER PURPOSES; (Representatives of the Chamber of Commerce, the Airport Staff, the Airport Commission and City Staff.) and the Resolution was read in its entirety. A motion was made by Director Jones and 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, Benafield, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hubbell, seconded by Director Keith, , and by unanimous vote of the Board Members present, the meeting was adjourned at 2:00 o'clock P. M. to meet again in regular session on Tuesday, January 19, 1982 at 7:30 o'clock P. M. ATTEST: ��. APPROVED: J,4 / U City Clerk Mayor III II ei Board of Directors Chamber Little Rock, Arkansas January-19, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio I I with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford and Jones - total 5; Absent Director Hubbell - 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 Keith. To begin the official meeting, Mr. Gus Walton, President of "Friends of the Zoo" presented a check to Mayor Bussey in the amount of $40,000, to be used for the "Big Cat Display" at the Zoo. Mayor Bussey and other Board Members expressed appreciation to Mr. Walton and "Friends of the Zoo ", for this financial assistance and their intere in the "Big Cat" project. Director Hubbell was enrolled, Mayor Bussey announced the first matter to be considered and discussed was Item 3 appearing on the Agenda, which was a public hearing scheduled for this time and place on the Boyle Park District Plan, encompassing about six square miles around Boyle Park. Mr. Nathaniel Griffin, Director of Comprehensive Planning, introduced Mr. Jim Lawson of the Planning Staff, who made a brief summary of the Plan. Mr. Lawso pointed out the Plan does not zone property, but is only a land use guide. Mr. W. B. Putnam, a real estate developer told the Board of Directors that for the first time in his experience, he was in agreement with the City and commended the Staff; adding, "the Staff was completely cooperative, they discussed the pros and cons, and if there is a fault, it will show up." Mr. Jim Finch of McKay & Company, representing West Side Properties, supported the land use plan process, but was concerned whether the Plan would become a "zoning map" and if so, more in -depth study should be made. Mr. Byron R. Morse, also a real estate developer who represents some forty property owners requested a thirty day continuance of the public hearing in order to give his clients an opportunity to study the Plan and discuss the proposal with members of the Planning Staff. Mr. Ted Darragh, a property owner, advised that he heard of the hearing by accident and requested the public hearing be continued after a ninety day deferral. Mr. Bob Richardson, an engineer, commended the Staff and felt the Plan is fine, but it not needed as an absolute plan, only as a guide. Director Weeks recommended the i Board consider continuing the public hearing. Director Benafield requested that attorneys and developers representing multiple property owners provide the Staff with a list of the ownerships, so the Staff can work with property owners in order to attai a better understanding of the Plan. There was no further discussion and upon motion' by Director Weeks, seconded by Director Keith, the public hearing was postponed for ninety days, to be continued April 20, 1982. A roll call was taken which adopted the motion as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 7; Noes - None; Absent - None. The Consent Agenda was then presented, consisting of the following items: (a) The Minutes of the previous meeting held January 5, 1982 and the, reconvened meeting held January 13, 1982. 82 JANUARY 19, 1982, Cont'd. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1981. (c) Resolution No. 6,728, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR TERMINAL AND COMPUTER MAINTENANCE FOR MANAGEMENT SUPPORT; AND FOR OTHER PURPOSES. By motion of Director Keith, 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 meetings 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. 6,728 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. i A discussion developed regarding the Pulaski County Special Election to be held February 2, 1982 to impose a County one -cent sales tax. The matter had not been place on the Agenda, but discussion followed when Vice Mayor Jones.read a proposal to reduce , monthly sanitation fees from $6.25 to $4.25; to reduce the property tax millage rate from five mills to two and one -half mills; to restore City services at the 1980 and 1981 service levels; and, to fund some additional services and programs such as, POlic and Fire Services, Streets and Drainage, provided the one -cent sales tax is approved by the electorate. Mayor Bussey stated that he could not support the proposal to cut the garbage fee because garbage collection operations are largely self- supporting, and, that Board Members that come along later might not commit General Revenues to keep it that way. City Manager Mahlon Martin presented a report to Board Members which out- lined the need for the 1% sales tax. Director Shackelford spoke in.favor of a 50% reduction in sanitation fees or the $2.00 reduction proposed by Vice Mayor Jones. Director Hubbell was willing to offer something back to the citizens, if the tax is passed.' He voiced support for the reduced sanitation fee and the reduction of the property tax by one -half, which he said would be an incentive for our citizens to vote for the tax. Regarding the reduced millage rate, City Manager Mahlon Martin advised , that the millage rate for 1982 has already been levied, therefore, it could not be reduced until January, 1983. Director Weeks said he was reluctant to trade -off some- thing we don't have, and objected to what he said was inaccurate information being passed to the public by supporters of the tax. Director Benafield did not like the word "trade -off ", but said we must find additional revenues and voiced support of the sales tax in some form. There was.no further discussion and Resolution No. 6,729 was presented, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, EXPRESSING THE INTENT TO REDUCE RESIDENTIAL SANITATION FEES FROM $6.25 to $4.25 PER MONTH; REDUCE THE PROPERTY TAX MILLAGE RATE FOR CITY OPERATIO14S FROM 5 MILLS TO 2 112 MILLS; RESTORE CITY SERVICES TO 1980 AND 1981 SERVICE LEVELS, AND FUND CERTAIN ADDITIONAL SERVICES, PROVIDED THE LOCAL OPTION ONE -CENT SALES TAX IS APPROVED BY THE ELECTORATE OF PULASKI COUNTY ON FEBRUARY 2, 1982; AND FOR OTHER PURPOSES; ' and there was a complete reading of the Resolution. A motion was made by Vice Mayor Jones and seconded by Director Hubbell, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Benafield Shackelford Hubbell and Jones - total 4m No - Directors JI 111183 JANUARY 19, 1982, Cont'd. Keith, Weeks and Mayor Bussey - total 3; Absent - None. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 3660 -B - From Ronnie Hall for the Otter Creek Development Company to rezone the S/E corner of I -30 and Mabelvale West Interchange (long legal description), from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3780 - From W. A. Jones to rezone 12000 New Benton Highway (long legal descript- ion), from "R -2" Single - family District to "C -4" Open Display and "I -2" Light Industrial District. Z -3782 - From F. Hampton Roy and Nancy.H. Roy to rezone 201 East 25th Street (N /E Corner of 25th & Scott Streets), from "R -5" Urban Residence District to "0 -3" General Office District. Z- 3472 -A - From Robert C. Lowe for John McClellan to rezone the west side of Natural Resources Drive (long legal description) just south of the State Complex, from "0 -2" Office and Institutional 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 reading. (See Ordinance No. 14,178 as follows) Ordinance No. 14,178 was presented, containing the following title: 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 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 Keith, again seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. At 8:55 o'clock P. M. Mayor Bussey declared a ten minute recess. The Board of Directors reconvened at 9:05 P. M. with Mayor Bussey presiding and the following Directors answering roll call: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. The following Zoning Application was presented at this time, as approved by the Planning Commission; Z -3778 - From William W. Watt for Blake W. Spires to rezone 1019 East 9th Street ' described as the West one -half of Lots 1, 2, 3 and 4, Block 1, Masonic Addition to the City Little Rock, Arkansas, from "R -4" Two - family District to "C -3" General of Commercial District. There was no one present to speak in opposition to the rezoning application and Ordinance No, 14,179 was presented, entitled: 84 JANUARY 19, 1982, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 1019 EAST 9TH 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; ' with the Ordinance being read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board.of.Directors- elect. There was a second reading of the Ordinance, followed by a subsequent motion made and second- ed by Directors Hubbell and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance en- sued. The question of passage of.the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Abstaining - Director Shackelford - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. ' A public hearing had been set for this time and place on the Zoning Appeal from James W. Droege to rezone 12800 Hinson Road (lengthy legal description), from "R -2" Single - family District to "0 -3" General Office District, to be used for an office for his landscaping service. The public hearing was then declared open and Mr. Droege,' ' the applicant, explained that he only has an office at this location and operates as a "lawn doctor ", with no heavy equipment on the property. Ms. Rose Black, representing her mother, Mrs. Ruth Hinson, who lives next door, voiced strong opposition to any kind of zoning at this location, stating that it would devaluate the Hinson property. Ms. Peggy Geyer also speaking for her mother, Mrs. Hinson, advised that Mr. Droege knew the property was.in the corporate limits when he purchased the property. Director Jones noted that everything on the north side of Hinson Road is zoned residential and urged the Board to vote against this zoning change. There was no further discussion, Mayor Bussey Declared the public hearing closed, and a proposed Ordinance to rezone ' 12300 Hinson Road was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 12800 HINSON 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 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 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 passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - None; Noes - Directors Keith,,Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - None. Mayor Bussey then announced that the Ordinance had FAILED TO PASS. 1111185 JANUARY 19, 1982, Cont'd. A public hearing had been scheduled for this time and place by Resolution No. 6,719, to hear arguments on the petition from Fowler Square Development Company to vacate a portion of East 7th Street (see petition for lengthy legal description), as approved by the Planning Commission. Attached to the petition was a letter from Little Rock Abstract Company certifying that Fowler Square Development Company is the record owner of all property abutting upon the portion of East 7th Street to be closed. Also attached to the petition were certified copies of plats on file in the Pulaski County Circuit Clerk's Office. As Notice of Hearing had been duly published on January 11, 1982 and January 18, 1982, as required by Law, Mayor Bussey declared the public hearing open. There was no one present to address the issue and the public hearing was declared closed, with the Ordinance to vacate the above -named street being placed on first reading. (See Ordinance No. 14,180 below) Ordinance No. 14,180 was presented, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATIN ABANDONING AND CLOSING THAT PORTION OF EAST SEVENTH STREET DESCRIBED AS FOLLOWS: Starting at the SE corner of the Fowler Block, Stevenson's Addition, Little Rock, Arkansas; thence N 830 00' W along the South 1inS of said Fowler Block, 176' to the point of beginning; thence S 7 00' W 12'; thence N 830 00' W parallel to the South line of the Fowler Block, 300'; thence N 7° 00' E 12" to the South line of the Fowler Block; thence S 830 00' E along said South line, 300' to the point of beginning; and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Hubbell, 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 Shackelford and seconded by Director Hubbell, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 th Ordinance and resulted as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A public hearing had been set for this time and place upon motion by the Board of Directors, and by the adoption of Resolution No. 6,720 on January 5, 1982, to vacate and close portions of Longview, Forest, Gasland and Rockefeller Avenues, Second, Third and Fourth Streets, and two alleys, all in Arkansas Heights Addition to the City of Little Rock, Arkansas. Notice of Public Hearing had been duly published on January 11 and January 18, 1982 as required by Law. Return receipts of notice to abutting properly owners are also attached. Mayor Bussey then declared the public hearing open. How- ever, there was no one present to address the issue, and the Public Hearing was declar closed and an Ordinance to close the above - described streets and alleys was placed on first reading. (See Ordinance No. 14,181 as follows) AN ORDINANCE VACATING AND CLOSING PORTIONS OF LONGVIEW AVENUE, FORREST AVENUE, GASLAND AVENUE, ROCKEFELLER AVENUE, SECOND STREET, THIRD STREET, FOURTH STREET, AND ' TWO ALLEYS ALL LOCATED IN ARKANSAS HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; 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 motio 86 I 11 t JANUARY 19, 1982, Cont'd. was seconded by Director Weeks 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 Jones and Shackelford, respectively, and unanimously adopted I 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. � I Introduced at this time was Ordinance No. 14,182, 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; (A 12.094 Acre Tract located on the West Side of Aldersgate Road 1/4 mile south of the Aldersgate and Kanis Roads intersection - Court Order dated December 7, 1981.) 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 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. 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 Keith, 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. ' The following Rezoning application was presented to change the classification on the foregoing described property approved for annexation: Z -3770 - From Robert L. Dix to rezone 12 acres on the west side of Aldersgate i Road at 18th Street, from "AF" Agriculture and Forestry District to "MF -24" Multi- family District, as approved by the Planning Commission. There was no one present to oppose the reclassification and Ordinance No. 14,183 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF ALDERSGATE ROAD AT 18TH 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 there was a first reading of the Ordinance. A motion was then made by Director I Hubbell 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 I 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 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 87 G JANUARY 19, 1982, Cont'd. of the membersll 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 1ast.readiIng 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; - None. Whereupon, the Ordinance was declared PASSED. iAbsent Ordinance No. 14,184 was then presented, entitled: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 14,177 WHICH ACCEPTED THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MADE SAME A PART OF THE CITY OF LITTLi ROCK; (To correct the property description of 18 acres on Shackelford Road approximately 1/4 mile north of Colonel Glenn Road.) 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 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 I and Jones respectively, and unanimous) motion made and seconded by Directors Hubbell Y � adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance whit resulted as hllrein recorded: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey Then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,185, with the title being: AN ORDININCE ACCEPTING FORTY THOUSAND DOLLARS ($40,000.00) FROM FRIENDS OF THE i ZOO TO BE USED FOR THE BIG CAT DISPLAY AND APPROPRIATING SAID FUNDS FOR THE BIG CAT DISPLAY; EXPRESSING APPRECIATION TO FRIENDS OF THE ZOO FOR THEIR PRESENTATION OF FUNDS TO BE USED FOR THE BIG CAT DISPLAY; AND FOR OTHER PURPOSES; ' which Ordinance was read the first time. The rules were then suspended and the Ordi- nance placed on its second reading, by a motion from Director Hubbell, seconded by l 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 secondireading of the Ordinance, after which there was a subsequent motion made by Director Shackelford, 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, follow- ed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. I Ordinance No. 14,186 was considered at this time, described as: ' AN ORDINANCE AUTHORIZING AN EXTENSION OF THE FRANCHISE OF MEDIC -VAC AMBULANCE COMPANY FOR A PERIOD OF SIX MONTHS; AUTHORIZING THE CITY MANAGER TO ISSUE THE NECESSAR PERMIT TO MEDIC -VAC; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the 8a I JANUARY 19, 1982, Cont'd. Ordinance placed on .its second reading, by a motion from Director Hubbell, 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 there was a subsequent motion made , by Director Shackelford, 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 i 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, follow- ed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and.Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,187, entitled: AN ORDINANCE AMENDING ORDINANCE #13,617 (APRIL 3, 1979), SECTION 15, ESTABLISHING I A FEE FOR APPEALS TO THE CITY BEAUTIFUL COMMISSION AND FOR OTHER PURPOSES; 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 I 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that.the Ordinance had PASSED. Introduced at this time was Ordinance No. 14,188, with the title being: AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 44 OF THE CODE OF ORDINANCES ' OF THE CITY OF LITTLE ROCK,',ARKANSAS AND FOR OTHER PURPOSES; (Re: Sign Permits; extending length of permits and increasing fees.) and the Ordinance was read the first time.: A brief discussion followed in which ' Director Hubbell moved to amend the Ordinance_ as.follows: I Sign Permit, and Renewal Fee Schedule: 1. All off - premise signs . . . . . . . . . . . . . $100.00 the motion received a second from Director Benafield and was unanimously adopted by voice vote of the Board Members present. A subsequent motion then followed from Director Hubbell to suspend the rules and place the Ordinance, as amended, on its second reading. The motion was seconded by Director Shackelford and adopted by un- animous 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, 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 Hubbell 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, as amended, there was J` 1111189 JANUARY 19, 1982, Cont'd. an Aye and No Vote taken on the question, Shall the Ordinance, as amended, Pass, which resulted as herein recorded: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - ' None. It was announced that the Ordinance, as amended, had PASSED. A public hearing had been scheduled for this time and place regarding the renewal of taxicab operator permits for the year 1982. Mayor Bussey declared the public hear- ing open and Mr. Larry Carpenter, representing Tom Robinson d /b /a Capitl Cab Company was the first to speak. He advised Capitol Cab Company had submitted an application for twenty -five operator permits and he asked if the proposed Ordinance appearing on the official agenda is approved, would it give Capitol Cab Company twenty - five permits to operate. City Manager Mahlon Martin advised Mr. Carpenter there would need to be an amendment for the issuance of twenty -five permits to Capitol Cab Company. At this point, a motion was made by Director Keith, seconded by Director Shackelford, that Capitol Cab Company be granted twenty -five operator permits immediately. The motion was adopted by unanimous voice vote of the Board Members present (see Ordinance No. 14,190 authorizing 25 permits). Mr. Alvin R. Nelson was advised by Board Members ' that no new independent operator permits will be issued. Mr. Robert Orlicek requested the Board to reconsider the phasing out policy. Mr. Franklin D. Jackson complained to the Board about taxicabs from Hot Springs operating from the Airport. He was advised that this matter will be addressed at a public hearing before the Board of Directors on February 2, 1982. There was no further discussion and Mayor Bussey declared the public hearing closed, with Ordinance No. 14,189 being placed on first reading, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXICAB OPERATOR PERMITS TO TWO TAXICAB COMPANIES AND VARIOUS INDEPENDENT TAXICAB OPERATORS; AND FOR OTHER PURPOSES; (See Ordinance for names of companies and operators) with the Ordinance being read the first time. There was a motion made at this time by Director Keith, seconded by Director Benafield, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by members i of the Board of Directors present, being sever, 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 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,190 was the next presentation, containing the following heading: AN ORDINANCE AMENDING CITY OF LITTLE ROCK ORDINANCE NO. 14,163 DEALING WITH TAXICAB PERMITS, MAKING FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY; AND FOR OTHER ' PURPOSES; (Authorizing Thomas L. Robinson, d /b /a Capitol Cab Company, additional taxicab permits in order to bring the total taxicab permits of Thomas L. Robinson, d /b /a Capitol Cab Company to twenty -five (25) such permits.) and there was a first reading of the Ordinance. A motion was then made by Director I 90I JANUARY 19, 1982, Cont'd. Keith which was seconded by Director Benafield, 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 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 o:F the members of the Board of Directors - elect; with the outcome being a third and last i 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. I A Traffic Engineering Report on access for Mexico Chiquito located one -half block south of Rodney Parham Road on Sunnymeade Drive was placed on the official agenda. City Manager Mahlon Martin presented a prepared report to Board Members, advising the report does not deal with access or traversing properties, but is only a traffic report as it relates to a building permit and curb cut. He referred to a letter from Mr. Mark ' Spradley citing court cases that seem to contradict previous opinions provided by City Attorney Jack Magruder, which in essence, says they still take issue with this; and cited court cases where cities can limit access across lower density tracts. Mrs. Jo Kimmins stated she was present to express concern and deep interest for residential areas that depend on buffer zones and closed alleys for protection against higher density zoning; adding, "this is not one issue, it effects many of us." Mrs. R. K. Witmeyer and Mrs. Rose Bradley, whose properties abut the buffer strip were present in strong opposition. To conclude the discussion, Mr. Martin suggested the matter be deferred until the next Agenda Meeting in order to give the City Attorney an opportunit to review the legal issue of the access. The suggestion was agreeable to the Board Members and the matter was deferred. Mr. Bill Davies, Director of Public Works, reported to the Board of Directors on snow removal. He advised that $11,000 had been spent on the purchase of salt and , $10,400 in overtime for employees, making a total cost for snow removal of $21,400.00. The last item to be considered was Resolution No. 6,730, with the title being: A RESOLUTION REAPPOINTING MR. DAVE GRUNDFEST TO THE LITTLE ROCK REGIONAL AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (5 -year term expiring December 31, 1986) with said Resolution being read in full and thereafter adopted upon motion of Director I Shackelford, seconded by Director Jones, and the following roll call vote: Ayes - Directors Hubbell, Shackelford, Jones and Mayor Bussey - total 4; Noes - Directors Weeks and Keith - total 2; Abstaining - Director Benafield - total 1; 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 10:45 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, February 2, 1982. ATTEST: _a,� ( /,(X /f APPROVED:��I�,E Y City Clerk Mayor Y 91 Board of Directors Chamber Little Rock, Arkansas i January 21, 1982 - 4:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor Charles Bussey presiding and Jane Czech, City Clerk, with the following Directors present: .Directors Benafield, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Keith - total 1. There being a quorum in attendance, the following proceedings occurred: i Mayor Bussey then read the Notice of Special Session, as follows: "January 21, 1982 i NOTICE OF SPECIAL MEETING A special meeting of the Board of Directors is being called for Thursday, January 21, 1982, at 4:30 p. m. in the Board of Directors Room at City Hall, for the purpose of reconsidering Resolution No. 6,729, concerning the County sales tax election. /s/ Charles Bussey Mayor Signed by: Gale F. Weeks Lottie Shackelford Webb Hubbell J. W. Benafield" i Resolution No. 6,729 adopted January 19, 1982 would establish residential sanitation collection fees at $4.25 per month and would reduce the City's property tax millage rate from five mills to two and one -half mills, in the event the 1% County sales tax is approved at the Special Election to be held February 2, 1982. The Board of Directors was advised that if the property tax millage rate is reduced by half, the State turnback money received by the City will also be reduced by half. Resolution No. 6,731 was then presented, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, EXPRESSING THE INTENT TO REDUCE RESIDENTIAL SANITATION FEES; RESTORE CITY SERVICES TO 1980 AND 1981 SERVICE LEVELS AND FUND CERTAIN ADDITIONAL SERVICES, PROVIDED THE LOCAL OPTION ONE CENT SALES TAX IS APPROVED BY THE ELECTORATE OF PULASKI COUNTY ON FEBRUARY 2, 1982; REPEALING RESOLUTION NO. 6,729; AND FOR OTHER PURPOSES; ' and there was a complete reading of the Resolution. A discussion followed regarding the sanitation fees in the above Resolution being established at $1.25 per month, as proposed by Vice Mayor Jones. Director Weeks took the position that the voters said they would rather have the garbage fee than the sales tax. Mayor Bussey wanted to go on record as voting for this, but didn't think that cutting the garbage fee is sound business. Director Benafield reminded that we have a Sanitation Department that is self- sustaining, but agreed with the Resolution. There was no further discussion and a motion was then made by Director Jones and seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Director Benafield, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Noes - Director Weeks - total 1; Absent - Director Keith - total 1. 9I JANUARY 21, 1982, Cont'd. There being no further business to be presented or to come before the Board of li Directors at this time, upon motion of Director Shackelford, seconded by Director Hubbell, and by unanimous vote of the Board Members present, the meeting was adjourned ' at 5:00 o'clock P. M. to meet again in regular session on Tuesday, February 2, 1982 I at 7:30 o'clock P. M. ATTEST:r APPROVED:�;������ V I City Clerk Mayor I I I I I 93 Board of Directors Chamber Little Rock, Arkansas February 2, 1982 -3:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors I present: Directors Keith, Benafield, Weeks, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. It was announced that a quorum was in attendance and the following is an account of the proceedings: i Tile Invocation was given by _Mayor Bussey. Vice Mayor Jones presented a Resolution to Mr. Waiter Nunn, President of the Central Arkansas Library System, expressing appreciation for special contributions to the Library System. Mrs. Rosemary Martin, Director of the Library, was also present for the presentation. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) Minutes of the previous meeting held January 5, 1982, the reconvened meeting -held January 13, 1982 and the special meeting held January 21, 1982. (b) Resolution No. 6,732, with the title being: i A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AGREEMENT BETWEEN THE CITY AND MISSOURI PACIFIC RAILROAD FOR IMPROVEMENTS TO THE RIVERFRONT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,733, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON FEBRUARY 16, 1982 ON THE CDBG PROGRAM; AND FOR OTHER PURPOSES. i (d) A motion to set the date for public hearing on February 16, 1982, on the Zoning Appeal (Z -3779) to rezone 8101 Asher Avenue in the City of Little i Rock, from "R -2" Single- family District to "0 - -1" Quiet Office District. (e) Resolution No. 6,734, described as: ' A RESOLUTION STATING SUPPORT FOR FUTURE WATER WORKS EXPASION; DECLARING THE INTENT OF THE BOARD TO ISSUE REVENUE PROMISSORY NOTES FOR SUCH EXPANSION; AND FOR OTHER PURPOSES. (f) Resolution No. 6,735, entitled: A RESOLUTION EXPRESSING APPRECIATION TO INDIVIDUALS AND FIk:MS :LIKIPIC SPECIAL CONTRIBUTIONS TO THE CENTRAL ARKANSAS LIBRARY SYSTEM. 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 meetings held January 5, 13 and 21, 1982were approved as written and summarized to the members of the Board of Directors; (b & c) Resolutions No.. 6,732 and 6,733 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1; ' (d) Motion was made and adopted to set date for public hearing on zoning appeal (Z -3779 to rezone 8101 Asher Avenue, from "R -2" Single - family District to "O -1" Quiet Office District, on February 16, 1982 at 7:30 o'clock P. M.; and (e & f) Resolutions No. 6,734 and 6,735 were read in full and adopted by the following roll call vote: Ayes - Directors Keith Benafieldi Weeks Mayor Bussey, Directors Shackelford and Jones- ! 9 i FEBRUARY 2, 1982, Cont'd. total 6; Noes - None; Absent - Director Hubbell - total 1. A public hearing had been scheduled and advertised for this time and place, on the adoption of the South Central Little Rock Land Use Plan. Mayor Bussey then declare the public hearing open. The land -use proposal is intended to speed up zoning of , property in the recently annexed area by simultaneously rezoning existing uses that are in conformity to the land -use plan. Director Keith stated he would not vote to suspend the rules; the matter should be considered in three separate meetings; adding, "I want to hear a lot of in -put, there are twenty -two small businesses that are going to be considered non - conforming and this could be the demise of these businesses." Mr. Hank Kelley spoke regarding a tract owned by Dalton Dailey and used an aerial map provided by the Highway Department for his presentation. He said the Plan adopts a section along Dailey Drive for office use, and adjacent land as single - family, includ- ' ing the Dailey tract, with a mobile home park across the street, which would make it difficult for anything to be done in a suitable manner for single - family use. Mr. I Wingfield Martin spoke regarding the adjacent tract owned by the Wrape family, stating I that an architect had been employed to plan the tract outlined in yellow on the map, which consisted of the Dailey and Wrape properties. He said he was under the impressio , the properties already brought into the City would come in zoned as they are now being used, and this would not preclude any redevelopment, rezoning or study of the propertie I there. Mr. Dalton Dailey stated that he feels the Plan represents a lack of communi- cation and suggested more consideration be given to the people in this area. Mr. Nathaniel Griffin; Director of Comprehensive Planning explained that the planning process allows amendments and changes, if the property owner can present a modification that is sound. Dr. Mildred F. Schneider who owns a five acre tract off Chicot Road, said her property is zoned multi- family under the Plan, but her plan was for some type of commercial or professional building. Mr. John Allen, another property owner, suggested that more research be done, and the map corrected accordingly. Mr. Jim Lawson of the Comprehensive Planning Staff gave an explanation of the work and research that has been done to arrive at the land -use proposal. He pointed out the new plan would save the owners of most developed properties the expense and trouble of rezoning; however, twenty -two businesses the staff feels inappropriate for their locations would , not be rezoned and would remain as "non- conforming uses." This will allow the business- es to continue operations, but they would not be allowed to expand without a zoning change sometime in the future. The Plan proposes uses for undeveloped land, and those proposals would be used as guides in zoning decisions. Mr. Lawson concluded the dis- cussion by saying, "the Land Use Plan is 'one' criteria, not 'the' criteria." There was no further discussion, the proposed Ordinance was not presented and Mayor Bussey announced the public hearing will be continued on February 16, 1982. A petition was next presented from various property owners requesting the formatio of an improvement district to be designated as the Rummel Road Water Improvement District No. 137, for the purpose of constructing water distribution lines and facilitl to supply the inhabitants of said territory with water services, connecting the same to the water system of the Little Rock Municipal Water Works and in order to obtain a source of supply to construct water lines to a proper source beyond the boundaries of ' the district, for the purpose of obtaining by gift,.purchase, or the exercise of its rights of eminent domain, the necessary rights of way and easements for said water lines and facilities, and for the purpose of contracting with the City of Little Rock for the o eration and maintenance of the water lines and facilities constructed b the i J FEBRUARY 2, 1982, Cont'd. district; and the accomplishment of any and all of said above purposes shall be done in such manner and with such materials as the commissioners may deem for the best interest of the district. Accompanying the Petition was a Certificate of Abstracter setting out the total assessed value of the property described within the petition at $43,900.00 and certifying that said signers of the petition represent a majority in assessed value of the owners of real property within the proposed territory for the District. As a public hearing on this matter had been designated for this time and place, with notice thereof having been duly published on January 16, 1982 and January 25, 1982, Mayor.Bussey therefore declared the public hearing open and invited all persons in attendance who wished to address the issue to come forward and be heard. There was no one present opposing the formation of the improvement district, and Mayor Bussey declared the hearing closed and a proposed Ordinance creating the Rummel Road Water Improvement District was placed on first reading. (See Ordinance No. 14,191 as follows) - AN ORDINANCE ESTABLISHING RUMMEL ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS; ' and there was a first reading of the Ordinance; after which the rules were suspended to provide for the second reading of the Ordinance at this time, by motion from Direct Keith, seconded by Director Weeks. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the second.time. A motion was then made for a further - suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Director Keith, seconded by Director Weeks, and unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon the third and last reading of the Ordinance, the question, Shall the Ordinance Pass, was submitted to the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total l.. An announcement was made that the Ordinance had PASSED. ' Introduced at this time was Ordinance No. 14,192, 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; (4.234 Acres located at the S/E corner of the intersection of Bankhead Drive and the East Belt Freeway for Little Rock Motels, Court Order dated December 21, 1981.) which Ordinance was read the first time. Director Keith then made a motion, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading, which motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The ensuing second reading of the Ordinance was followed by a motion for a further suspension of the rules to place the Ordinance on third and final readin with the motion again being made by Director Keith, again seconded by Director Weeks, 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The Ordinance was J 96 FEBRUARY 2, 1982, Cont'd. therefore, declared PASSED. I Ordinance No. 14,193 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT I -440 AND BANKHEAD 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; (7.4 Acres at I -430 and Bankhead Drive, from "AF" and "R -2" Districts to "C -3" General Commercial District.) 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 Weeks and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors- elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and Weeks, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Boar I 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, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Where- upon, the Ordinance was declared PASSED. Next presented was a proposed Ordinance, containing the following title: A :' GRANTING A FRANCHISE TO FRUEHAUF CORPORATION TO USE A PART OF THE RIGHT OF WAY AT 2300 WEST 60TH STREET FOR THE PURPOSES OF LANDSCAPING AND PROVIDING IN FRONT PARKING; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Keith, seconded by Director Weeks, 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 and there was no motion for the suspension of the rules in order for the proposed Ordinance to remain on file in the Office of the City Clerk for one week, prior to its final passage and approval as required by Law. ' Ordinance No. 14,194 was considered at this time, entitled: AN ORDINANCE AMENDING SECTION 39 -161 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO THE FORM OF TRAFFIC CITATIONS; DECLARING AN I EMERGENCY; AND FOR OTHER PURPOSES; (Amendment: "A form of citation which provides information as required under the general laws of the state shall be deemed to be a lawful complaint. ") and there was a first reading of the Ordinance. Regarding the form now being used for I traffic citations, Director Keith made a motion that "Mayor Bussey appoint a committee from the Board of Directors to go visit with Traffic Judge William R. Butler, along with the City Attorney, in an attempt to 'iron out' the difficulties." The motion was seconded by Director Jones and adopted by the following roll call vote: Ayes - Directo Keith and Benafield; Directors Weeks with the comment that this is a legal matter and should not require action by this Board; Mayor Bussey, Directors Shackelford and Jones total 6; Noes - None; Absent - Director Hubbell - total 1. The rules were then ' suspended and the Ordinance placed on its second reading by a motion from Director Shackelford, 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 I� 1 FEBRUARY 2, 1982, Cont'd. was a subsequent 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The Emergency Section being Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. It was therefore, announced that the Ordinance, together with the Emergency Section had PASSED. A public hearing had been scheduled for this time and place to hear comments on existing taxicab rates between the Airport and downtown, and on the subject of multiple loading. Mayor Bussey declared the public hearing open and a discussion followed in which Director Keith recommended that the fare be established at $5.00 for a single loading; if there is more than one passenger, he recommended the fare to be $3.50 per passenger, but did not recommend multiple loading to difference destinations. Mr. Willie Scott, an independent operator, told the Board of Directors that the operators need a raise. Upon question by Director Weeks, Mr. Scott said the requested increase is based on inflation and the $5.00 fare is fair. Upon question by Director Shackelford, Mr. Scott said he felt that metered cabs would "hurt" local people. Mr. Tom Robinson doing business as Capitol Cab Company said the rate increase is long overdue, and when questioned by Director Shackelford about metered cabs, stated they are right for some cities, but low income people could not afford them in Little Rock. Mr. James Rodgers, Manager of the Airport, advised the Board of Directors that taxicab rates and multiple loading were discussed at the last Airport Commission meeting. He said the Commission is willing to work with the Committee selected to consider the problems, but the Commission is (1) opposed to multiple loading due to passengers getting a sight- seeing tour they do not want; (2) regarding fare increase - why should the Airport be discriminated against - the Airport serves all citizens as well as visitors; (3) relative to whether drivers should take the Interstate - the Commission agrees if they are allowed to charge more, but there is no guarantee they will take the Interstate; and (4) require adequate driver ID's in cabs. Mr. Rodgers said, "these are concerns of our's, we wish to make them known, and if we are going to meet and come back with a plan, we hope you will enforce it." There was no further discussion, the public hearing was closed, and no action was taken. In conclusion, City Manager Mahlon Martin advised the Board of Directors that Mr. Jim Lawson of the Comprehensive Planning Staff would be happy to arrange a tour of the South Central Little Rock Land Use Area, if the Board Members desire such a tour. There was no further business to be presented or to come before the Board of Directors and upon motion of Director Shackelford, seconded by Director Jones, and unanimous adoption by the Board Members present, the meeting was recessed at 9:00 o'clock P. M. to reconvene on Wednesday, February 10, 1982 at 1:30 P. M. to consider appointments and reappointments to various Boards and Commissions. ( Cont'd. next page) 9'7 98I FEBRUARY 2, 1982, Cont'd. I _ I I ATTEST: I (/ APPROVED: ,,�`�'+ -� I I I I 99 Board of Directors Chamber Little Rock, Arkansas February 10, 1982 - 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened'from the February 2, 1982 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows: The first matter to be considered was Resolution No. 6,736, entitled: A RESOLUTION COMMENDING EMPLOYEES OF THE CITY OF LITTLE ROCK FOR THEIR ROLE IN THE COUNTY SALES TAX CAMPAIGN; and the Resolution was read in its entirety. Vice Mayor Jones introduced various City Employees and expressed appreciation for the work and effort they contributed, on their own time, to the successful County Sales Tax Campaign and Election. A motion was made by Vice Mayor- Director Jones and'seconded by Director Weeks, that the ' Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. At this point in the meeting, a discussion was held regarding the Opportunities Industrialization Center (OIC), and the investigations being conducted for its hand- ling of CETA funds. Director Keith said that Little Rock should suspend its $152,000 job training contract until alleged improprieties regarding the job training agency are resolved. City Manager Mahlon Martin's response was that it's been the staff's position to wait until all reports are in, before making a decision; adding, "you may expose yourselves by overreacting and acting too quick." Director Benafield said it's still too early for the City to take action on OIC, but the Directors should state publicly that "we are concerned." Director Jones reminded that the City already ' has shown its interest in correcting any probelms with OIC, since it was City Auditors who first brought questions about OIC operations to the attention of the Federal Labor Department. In conclusion, Mayor Bussey also agreed that it is too early for the City to take action, and there was no further discussion. Introduced at this time was Resolution No. 6,737, entitled: A RESOLUTION AMENDING RESOLUTION NO. 6,700; AUTHORIZING AN AGREEMENT FOR SALE OF METHANE GAS TO PHF EXPLORATION COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE I AND DELIVER THE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and after a full reading of the Resolution, there was a motion by Director Jones that the Resolution be adopted. The motion was seconded by Director Keith and the Resoluti was adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weed Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. � ' Director Hubbell was excused. I 100 FEBRUARY 10, 1982, Cont'd. • Mayor Bussey advised the Board of Directors that a Resolution had been prepared stating the intent of the Board of Directors to appropriate an additional $91,800 for Central Arkansas Transit in 1982 upon receipt of sales tax revenues from the State of ' Arkansas. This amount would restore the $51,000 that was cut from CAT's 1981 Little Rock appropriation, and provide an additional $40,800 for the operation of the transit system. When Directors Keith and Weeks expressed opposition to the proposal, Mayor Bussey delayed further consideration on the proposed Resolution until the regular meeting February 16th. At this point, Director Keith insisted upon a roll call.on I whether to consider the Resolution at the next regular meeting of the Board of Direct- ors. Mayor Bussey then asked that a roll call be taken with the results recorded as follows: Ayes - Director Benafield, Mayor Bussey and Director Jones — total 3; Noes Directors Keith and Weeks - total 2; Absent - Directors Shackelford and Hubbell - total 2. Mayor Bussey then announced that the proposed Resolution would be placed on the Agenda for February 16, 1982. Resolution No. 6,738 was introduced with the following heading: A RESOLUTION APPOINTING DIRECTOR J. W. BENAFIELD TO THE TRANSIT POLICY BOARD; AND FOR OTHER PURPOSES; ' and there was a complete reading of the Resolution, after which a motion from Director Jones, seconded by Mayor Bussey, resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. Presentation of Resolution No. 6,739 was then made, with the title being: A RESOLUTION APPOINTING HERBERT DICKER TO THE LITTLE ROCK SAFETY COMMISSION; AND FOR OTHER PURPOSES; with there being a full reading of said Resolution, which was thereafter adopted upon motion of Director Weeks, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. Next presented was Resolution No. 6,740, entitled: A RESOLUTION APPOINTING BILL WIEDOWER TO THE LITTLE ROCK SIGN BOARD OF REVIEW; ' AND FOR OTHER PURPOSES; and said Resolution was read in full. There was a motion then made by Director Jones, seconded by Director Weeks, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5.; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. Introduced at this time was Resolution No. 6,741, described as: A RESOLUTION APPOINTING JOE C..NORCROSS TO THE LITTLE ROCK.ZONING BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Weeks, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. 101 FEBRUARY 10, 1982, Cont'd. The last matter to be considered was Resolution No. 6,742, with the title being I A RESOLUTION MAKING APPOINTMENTS TO THE CENTRAL ARKANSAS COMPREHENSIVE PLANNING COUNCIL; AND FOR OTHER PURPOSES; (for 1982) and the Resolution was read in its entirety. A motion was then made by Director Jones, seconded by Director Benafield, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes- Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5; Noes - None; Absent - Directors Shackel- ford and Hubbell - total 2. There being no further business to be presented, it was moved by Mayor Bussey, seconded by Director Keith, and unanimously carried that this meeting be adjourned at 3:05 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, February 16, 1982. I ' ATTEST: � C APPROVED: I City Clerk Mayor i i I i I I I I 102 Board of Directors Chamber Little Rock, Arkansas February 16, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, 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: The Invocation was given by Director Weeks. The first matter to be considered was the Consent Agenda, consisting of the following items: i (a) The reading of the Minutes of the previous meeting held February 2, 1982 and the reconvened meeting held February 10, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1981. (c) Resolution No. 6,743, entitled: ' A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR TRAFFIC SUPPLIES, TRACTORS AND MOWER, HEAVY EQUIPMENT AUTOMOTIVE FLEET TRUCKS, POLICE VEHICLES, SANITATION TRUCKS AND VEHICLE FILTERS; AND OTHER PURPOSES. (d) A motion to set the date for public hearing on April 6, 1982, on the Zoning Appeal (Z -3775) to rezone 2.44 acres on Mann Road in the City of Little Rock, from "AF" Agriculture & Forestry District to "I -2" Light Industrial District. By motion from Director Jones, seconded by Director Hubbell, 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 and reconvened meetings 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) Resolution No. 6,743 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Weeks, Benafield, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; and (d) Motion was made and adopted to set date for public hearing on Zoning Appeal (Z-3771 to rezone 2.44 acres on Mann Road, from "AF" Agriculture & Forestry District to "I -2" Light Industrial District, on April 6, 1982 at 7:30 o'clock P. M. (Note: This property was rezoned in the South Central Little Rock Land Use Plan - See Ordinance r No. 14,200, therefore, Planning Staff advised this_public hearing will not be necessar The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z- 2106 -C - From Ronnie Hall for Pleasant Valley, Inc. to rezone 47.8 acres in Riverdale Addition (long legal description), from "MF -18" and "R -6" Multi- family Districts to "0 -2" Office & Institutional District, and from "0 -3" General Office to , "MF -18" Multi - family District. Z- 3362 -B - From Cliff Jackson for Eddie Branton, to rezone 10101 Rodney Parham Road (long legal description), from "R -2" Single - family District to "0 -3" General Office District. I 03 FEBRUARY 16, 1982, Cont'd. Z- 3794 - From Robert J. Richardson for Fredricka Richardson, to rezone 1721 Rebsamen Park Road (long legal description), from "R -2" Single- family District to "I -2" Light Industrial District. ' As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,195 as follows) Ordinance No. 14,195 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; 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 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, followed by a subsequent motion again made and seconded by Directors Shackelford and Jones, respectively, to suspend the ' rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None;- Absent - None. The Ordinance was then declared PASSED. The following Zoning Application was presented at this time, having been sent to the Board of Directors by the Planning Commission, with no recommendation for rezoning the property: Z -3781 - From John Burnett of Rector - Phillips -Morse for Jeanne Hoover and Edna Jones, to rezone 4908 to 4928 West Markham Street (long legal description), from "R -3" Single - family and "0 -3" General Office Districts to "C -3" General Commercial District. A group of property owners in the vicinity of the proposed rezoning was present to ' object to the proposal that would allow a Wendy's hamburger restaurant at this location. Their complaints included the increase of traffic hazards, "strip" zoning along Mark- ham Street, that this type of business leads to vandalism, odors, trash, rats and bugs, and there is no need for additional restaurants along this portion of West Markham Street. A protest petition signed by objectors was filed with the City Clerk. Persons present speaking against the rezoning were Ivan H. Smith, Charles Black, and Wanda Smith. Mr. John Burnett, a developer with Rector - Phillips -Morse Realtors, representing Ms. Jeanne Hoover and Mrs. Edna Jones, told the Board of Directors the nearest home to the restaurant's parking lot would be 150 feet away, and that the construction cost will be about $600,000. Upon question by Director Jones, Mr. Burnett advised that "we are required by ordinance to include an opaque fence and landscaping - the plans are to fence the entire development." Mr. Burnett pointed out that the restaurant would help the economy by creating 53 jobs. There was no further discussion and Ordinance No. 14,196 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 4908 -4928 WEST MARKHAM 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 said Ordinance was read the first time; after which there was a motion by V 104 FEBRUARY 16, 1982, Cont'd. 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 I 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 Keith, seconded by Director Benafield, and adopted by unanimous vote of the members of the Board of Direct- ors 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z -3790 - From Carson Harris to rezone Lot 11, Block 12, Centennial Addition to the City of Little Rock, from "0 -3" General Office District to "R -5" Urban Residence. ' Z -3791 - From Matthew Smith to rezone 1403 Schiller Street, described as Lot 23, Block 20, Allis & Dickenson's Supplement to Centennial Addition to the City of Little Rock, from "R -4" Two- family District to "R -3" Single - family District. Z -3796 - From Sonny.Pearson for Buffalo Company, Inc. to rezone 5920 -5924 West 65th Street, described as the South 140 feet of Tract 31, Leigh and Butler Acres, from "I -2" Light Industrial District to "C -3" General Commercial District. There was no one present to speak either for or against the zoning conversions, and Ordinance No. 14,197 was presented containing the following caption: 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 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 made by Director Hubbell and seconded by Directo• 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 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,198 was the next presentation, with the title being: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 43 OF THE CODE OF ORDINANCES OF THE , CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (To permit single- family residences in the "GB" General Business and "NC" Neighborhood Commercial Districts.) V " 105 FEBRUARY 16, 1982, Cont'd. 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 i the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion again made and seconded by Directors Shackelford and Hubbell, respectively, and unanimously adoptei by the Board Members present, being seven in number and two - thirds or more of the membe 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announc ed that the Ordinance had PASSED. A public hearing had been scheduled for this time and place on Zoning Appeal (Z -3779) to rezone 8101 Asher Avenue, from "R -2" Single- family to "0 -1" Quiet Office District, with an Ordinance to zone the property accordingly. Also, an Ordinance under ' the conversion adjustment procedure to reclassify the property from "I -2" Light Indus- trial District to, "O -1" Quiet Office District. Mayor Bussey announced that these items would be deferred for two weeks; therefore, no action was taken. Mayor Bussey announced that the Public Hearing on the adoption of the South Central Little Rock Land Use Plan would be continued at this time (See Minute Record A -7, 2- 2 -82). Mr, Hank Kelley and Mr, Wingfield Martin were the only persons to address the Land Use Plan. They spoke regarding the Wrape and Dailey Tracts, respect- ively, bordering on Dailey Road. Mr. Kelley said, "if the Staff is willing to further study the tracts, then we favor the Plan," Mr. Martin then commented that "if the Staff is willing to omit these tracts, we favor the Plan." A motion then followed from Director Hubbell, seconded by Director Jones, that "the Wrape and Dailey Tracts be excluded from the Plan." The motion was adopted by unanimous voice vote of the Board Members present and Mayor Bussey declared the Public Hearing closed. Ordinance No. 14,199 was then presented to rezone properties within the South Central Little Rock ' Land Use Area, entitled: AN ORDINANCE ADOPTING THE SOUTH CENTRAL LITTLE ROCK LAND USE PLAN, AMENDING THE SUBURBAN DEVELOPMENT PLAN, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion.at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuin motion was made by Director Hubbell, 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; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response being recorded as follows: Ayes.- Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. 10611111 I FEBRUARY 16, 1982, Cont'd. Ordinance No. 14,200 was presented reclassifying properties within the South Central Little Rock Land Use Area, with the title being: AN ORDINANCE RECLASSIFYING PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; a �o AND FOR OTHER PURPOSES; 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 made by Director Jones, seconded by Director Weeks, 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 recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. The Ordinance was therefore, declared PASSED. A public hearing.had been scheduled for this time and place on the Eighth Year (1982 -83) Community Development Block Grant (CDBG) Program. Mayor Bussey then declare the public hearing open and Mr. Nathaniel Hill, Director of Human Resources, made a presentation of the projects totaling $2,547,000, recommended by the citizen particip- ation coordinating committee and the administrative staff. .Regarding the $800,000 proposed for the East Little Rock Community Complex, Director Weeks requested an explanation of the services included in this.amount. Mr. Hill advised the funds will be used for salaries and operating expenses of the health clinic, the pre - school i education program, the library and senior citizen programs. Director Benafield commended Mr. Hill and expressed intentions of touring the Complex in the near future. Upon question by Director Keith, Mr. Hill advised there are no plans to recommend improvements to East 6th and 9th Streets, two of the main streets from the Airport. Ms. Irma Hendrix of the South Little Rock Neighborhood, said she opposed the proposed , program for her area, stating that she would like two persons and funds to maintain an office to assist persons in rehabilitating their homes; and, requested that side- walks be deferred. Mr. Muskie Harris spoke.in support of the Central High Area, as did Mr. Gregory Ferguson of the Woodruff School Neighborhood, both of whom expressed thanks to Mr. Hill. Rev. C. L. Bell, pastor of Reed Memorial CME Church said sixty per cent of the residents in the South End of Little Rock_are members of his congrega- tion; and, out of that sixty per cent, approximately thirty -three per cent are people who need the $120,000 loan money available for seven years, to be matched to up -grade their property. He noted less than ten per cent have taken advantage and said the Housing Authority had not adequately addressed the problem in the neighborhood, of letting the residents know. He closed by saying, "give us an opportunity to go to our people to help them with the red tape and take them.to the places they need to go to fill out the papers." At this point, Mr. Hill said that $120,000 has not been de- , signated for South Little Rock for seven years. Ms. Joanne Tinsley of Pankey request- ed an additional $37,000 for a two block extension of street improvements. When Director Shackelford requested comments from anyone wishing to speak, Mr. William Cochran of Oak Forest, and Ms. Jessie Cheatham of East Little Rock stated they were io7 FEBRUARY 16, 1982, Cont'd. pleased with the progress the CDBG Program had provided. There was no further discuss- ion and Mayor Bussey declared the public hearing closed. Resolution No. 6,744 was the next presentation, described as: ' A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE FIRST PHASE OF CONSTRUCTION OF RIVERFRONT PARK; AND FOR OTHER PURPOSES; (Kinco Construction Company - $1,444,000.00) with said Resolution being read in full and thereafter adopted upon motion of Director I Keith, seconded by Director Benafield, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Next presented was Ordinance No. 14,201, containing the following heading: AN ORDINANCE AMENDING ORDINANCE NO. 14,153 TO INCREASE THE 1982 UTILITY FRANCHISE TAX OF ARKANSAS POWER AND LIGHT COMPANY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; I (Increased to $4,046,415.00) and after a first reading of the Ordinance, there was a motion 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 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 Benafield, again seconded by Director Weeks, to further suspend i the rules and place the Ordinance on third and final reading. The motion was unanimous- ly 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 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, Weeks, Benafield, Mayor Bussey, Directors 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, Benafield, ' Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None_ Whereupon, the Ordinance, together with the Emergency Section was I declared PASSED. 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 Little Rock, authorizing a Memorandum of Intent to issue $1,600,000 Tourism Revenue Bonds for Lagniappe IV Limited, for the purpose of financing the costs of acquiring, constructing and equipping Tourism Facilities. Mayor Bussey declared the public hear - ing open and with no one present to speak either for or against the issue, he declared the public hearing closed and Resolution No. 6,745 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND LAGNIAPPE IV LIMITED PARTNERSHIP 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 the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Jones, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. io81 FEBRUARY 16, 1982, Cont'd. Introduced at this time was Ordinance No. 14,202, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR ENGINEERING SERVICES AND DESIGN WORK FOR THE MASTER DRAINAGE PLAN, PHASE A, AND VARIOUS OTHER DRAINAGE IMPROVEMENT PROJECTS; APPROPRIATING FUNDS FOR THE MASTER DRAINAGE PLAN, i PHASE A, AND VARIOUS OTHER DRAINAGE IMPROVEMENT PROJECTS; AND FOR OTHER PURPOSES; (Garver & Garver, Inc, and Hodges, Vines, Fox and Associates) 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 made by Director Shackelford 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. I i Resolution No. 6,746 was the next presentation, containing the following title: i A RESOLUTION STATING THE INTENT OF THE CITY OF LITTLE ROCK BOARD OF DIRECTORS TO APPROPRIATE AN ADDITIONAL $91,800 FOR CENTRAL ARKANSAS TRANSIT IN 1982 UPON THE RECEIP OF LOCAL SALES TAX REVENUES FROM THE STATE OF ARKANSAS; and there was a full reading of the Resolution with the proposed additional appropri- ation read as $97,000. Director Shackelford moved that the Resolution be adopted, with Director Hubbell making the second for discussion. A motion then followed from Director Keith that the Resolution be amended to "appropriate $51,000 to bring it back to the 1981 level of service." Director Weeks seconded the motion by Director Keith, and a discussion followed. Director Benafield requested a clarification on , the committment, in which Director Weeks said the $51,000 was the amount CAT had asked for. The $51,000 represents a reduction of 10% in the 1982 CAT Budget, since the over all 1982 City of Little Rock Budget was reduced ten per cent. However, it was the consensus of some Board Members that in order to restore 1981 levels, an additional 8% should be appropriated due to inflation, for a total of $91,800. At this time, Director Hubbell suggested that a total of $85,000 be appropriated which represents i the $51,000 reduction, plus $34,000 for the remainder of 1982. Director Weeks was opposed to this amount, stating he had not accepted Director Hubbell's figures, and further discussion ensued.with Directors Shackelford and Hubbell withdrawing the motioll and second to adopt the Resolution. A roll call was then taken on the motion from Director Keith to appropriate $51,000 for CAT, with the results recorded as follows: I Ayes - Directors Keith and Weeks - total 2; Noes - Director Benafield, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Absent - None. With the motion having failed, Director Weeks moved that $91,800 be appropriated for CAT, with the , motion receiving a second by Director Jones. The response to the roll call vote is recorded as follows: Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Keith - total 1; Absent - I I FEBRUARY 16, 1982, ConC d. I None. To conclude the discussion, a motion was made by Director Weeks, seconded by Director Jones, that "the Resolution stating the Board's intent to appropriate an additional $91,800 for Central Arkansas Transit in 1982 upon receipt of local sales tax revenues be adopted." The roll call vote adopted the Resolution as herein record- ed: Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Keith - total 1; Absent - None. Introduced at this time was Resolution No. 6,747, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS TO PURCHASE TWO HUNDRED AND FIVE ACRES OF LAND LOCATED ON FOURCHE BOTTOMS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Keith, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Ordinance No. 14,203, entitled: AN ORDINANCE GRANTING A FRANCHISE TO FRUEHAUF CORPORATION TO USE A PART OF THE RIGHT OF WAY AT 2300 WEST 60TH STREET FOR THE PURPOSES OF LANDSCAPING AND PROVIDING IN FRONT PARKING; AND FOR OTHER PURPOSES; which Ordinance was read the third and last time, with the first and second readings having occurred on February 2, 1982. There was no discussion, and the resulting Aye and No Vote was taken on the passage of the Ordinance which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance 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 Keith, seconded by Director Jones, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:10 o'clock P. M. to meet again on March 4, 1982 at 7:30 o'clock P. M., in regular re- scheduled session, due to the National League of Cities Meeting in Washington, D. C., on March 2, 1982, which the majority of the Board Members will be attending. i ATTEST: (? APPROVED: I City Clerk Mayor I SC .. YC X '.: �C iC BC 7C iC iC 7C i 1 Board of Directors Chamber Little Rock, Arkansas March 4, 1982 - 7:30 P. M. V The Board of Directors of the City of Little Rock, Arkansas met in rescheduled regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. i As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Benafield. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held February 16, 1982. (b) The Little Rock Regional Airport Audit Report for 1981. (c) The Treasurer's Report of Mount Holly Cemetery for 1981. (d) The Audit Report of the Little Rock Wastewater Utility for the period ' ending December 31, 1981. (e) Resolution No. 6,748, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR OIL AND LUBRICANTS AND FLEET VEHICLE BATTERIES; AND FOR OTHER PURPOSES. (f) A Report of the Commissioners of Street Improvement District No. 635 of Little Rock, Arkansas. (Portion of Sam Peck Road) (g) Resolution No. 6,749, with the title being: RESOLUTION ELECTING ASSESSORS FOR STREET IMPROVEMENT DISTRICT NO. 635 OF LITTLE ROCK, ARKANSAS. (h) A Motion to set the date for public hearing on Zoning Appeal Z -3785, to rezone 7217 -23 Geyer Springs Road, from "C -3" General Commercial to "C -4" Open Display District, on March 16, 1982. By a motion from Director Hubbell, seconded by Director Jones, which was adopted by , voice vote of 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 Little Rock Regional Airport Audit Report for 1981 was received and filed; (c) The Treasurer's Report of Mount Holly Cemetery for 1981 was received and filed; (d) The Audit Report of the Little Rock Wastewater Utility for the period ending December 31, 1981 was received and filed; (e) Resolution No. 6,748 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones -,total 7; Noes - None; Absent - None; (f) The Report of Commissioners of Street Improvement District No. 635 of Little Rock, Arkansas was received and filed;- {g) Resolution No. 6,749 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; and (h) A Motion was made and adopted to set the date for public hear- ing on Zoning Appeal Z -3785, to rezone 7217 -23 Geyer Springs Road, from "C -3" General Commercial District to ':'C -4" Open Display District, on March 16, 1982. Introduced next was Ordinance No. 14,204, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 700 TO 800 t �. 11 MARCH 4, 1982, Cont'd. I NAPA VALLEY DRIVE (Z- 3789), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for a church and related activities and is zoned "R- 2.'.') 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; 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 again made by Director Hubbell 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A Zoning Appeal (Z -3779) was filed January 9, 1982 by the Gospel Assembly Church I to rezone Lots 12, 13, 14 & 15, Block 7, Pike Addition, from "R -2" Single- family District to' "C -3" General Commercial District. In connection with this proposed zoning change, an application for rezoning by the Conversion Strategy Adjustment (Z- 3779 -A) was filed, to rezone the remainder of the tract described as Lots 1, 2, 3, 4 & 5, Block 7, Pike Addition (entire tract located at 8101 Asher Avenue), from "I -2" Light Industrial District to "C -3" General Commercial District. At the December 15, 1981 Planning Commission meeting, the applicant, Mr. Glenn J. Winingar, Trustee for the Church, told the Planning Commission that "O -1" Quiet Office on the entire property would be acceptable since there is no intent to use the property for commercial purposes. The Planning Commission denied any change in the "R -2" portion, but did approve the change from "I -2" to "C -3" on the front portion. On February 2, 1982 the ' Board of Directors set a Public Hearing for February 16, 1982 on the appeal portion. On February 16, 1982, the Public Hearing was deferred until March 4, 1982. At the Board of Directors Agenda Meeting on February 24, 1982., the Board requested that the proposals be combined in one Ordinance, rezoning both parcels to "O -1" Quiet Office District. At this point in the meeting, Mayor Bussey declared the Public Hearing open and when no one appeared to speak for or against the rezoning, the Public Hearing was closed, and Ordinance No. 14,205 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8101 ASHER 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; which Ordinance was read the first time. The rules were then suspended and the Ordi- nance placed on its second reading by a motion from Director Hubbell, seconded by Director Jones, which was adopted by unanimous vote of the Board Members present, being seven in-number And two- thirds or more of the members of the Board of Directors - elect. 'The Ordinance was read the second time; after which there was a subsequent motion from Director Jones, seconded by Director Hubbell, that the rules be 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 112 MARCH 4, 1982, Cont'd. and last time. The resulting Aye and No Vote taken on the passage of the Ordinance i received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. Mayor Bussey then declared that the Ordinance had PASSED. The next presentation was Ordinance No. 14,206, described as: AN ORDINANCE AMENDING ORDINANCE NO. 14,079 TO INCLUDE "NC" NEIGHBORHOOD COMMERCIA IN THE MABELVALE AREA OF THE SUBURBAN DEVELOPMENT PLAN AND FOR OTHER PURPOSES; I (Amends the Suburban Development Plan from "SF" Single- family to "NC" Neighborhood Commercial in the area northwest of Mabelvale Pike, typically known as Mabelvale.) 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 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 Benafield, seconded by Director Weeks, 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,750 was the next presentation, with the title being: A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS REGARDING EXISTING BUFFER ZONES; AND FOR OTHER PURPOSES; (with the exception of the Mexico Chiquito property) and there was a full reading of the Resolution with an ensuing motion from Director Shackelford, seconded by Director Jones, for adoption of the Resolution. Before a roll call was taken on the adoption of the Resolution, a lengthy discussion was held regarding a.proposal for the Mexico Chiquito restaurant under construction at Rodney ' Parham Road and Markham Street, to build a driveway across -a 25 -foot buffer zone onto Sunnymeade Drive, on the rear of the restaurant site. Attorney Mark Spradley, re- presenting Mr. Bill Lamb, requested the Board of Directors to support the existing policy. He said the purpose of the buffer was to prevent and protect access on Sunny - meade Drive; denial of access does not.deny commercial use of the restaurant property; the 125 -foot access on Rodney Parham Road is adequate; and in 1976, it was determined that residents did not want access on Sunnymeade. Ms. E. Lucile Long of 406 Sunny - meade Drive read a prepared statement in which she said part of a former rezoning agreement included no access,on Sunnymeade Drive. She pointed out that a road bed has been constructed almost to Sunnymeade and questioned the authority for this action at this time. Mrs.'Jo Kimmins of 1600 North University Avenue urged the Board to support buffer zones with no access across, for all neighborhoods. Mr. W. P. Hamilton, Attorney for Mexico Chiquito requested a quick response to this issue. He questioned ' if the proposed Resolution was for the purpose of denying Mexico Chiquito access to Sunnymeade Drive. Vice Mayor Jones responded with "this particular Resolution is to address each of these locations" (a list of seventeen locations with buffer zones was presented to Board Members prior to the meeting). Mr. Hamilton said the restaurant MARCH 4, 1982, Cont'd. developers had "relied on the written record" in buying the property for $150,000 fn proceeding with their plans and "the record didn't restrict access. He also pointout the proposed Resolution would also bar access for two adjacent owners, includone man objecting to Mexico Chiquito's plans. .These two properties have offices them but are zoned commercial and already have drives onto the street. Ms. Millie i Whitmire, who opposed access on Sunnymeade, said there was supposed to be an agreement barring access. She said an attorney representing a former owner of the property, had shown residents a written agreement that would have required that the strip be main- tained as "green space," but that the green space provision was "very conveniently left out" of the final document when the property was zoned in 1976. Vice Mayor Jones said the intent of the Resolution goes far beyond this one adding, "if we vote this-down, we are telling all of these neighborhoods they are not protected." Upon question by 'Director Benafield, City Attorney Jack Magruder advised that his opinion that the i Board could not legally restrict access by zoning adjacent property for lower- density uses, has not changed. Mr. Nathaniel Griffin, Director of Comprehensive Planning, ' advised that an Ordinance is being prepared addressing buffer zones and should be ready for presentation within sixty days. Director Hubbell stated that the proposed Reso- lution is intended to protect all of these neighborhoods, and that he supports the Resolution with the exception of the Sunnymeade Drive access. At this point, he made a motion to "amend the Resolution excluding Sunnymeade Drive and that the Resolution expire at the end of ninety (90) days." The motion was seconded by Director Keith and submitted to the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell — total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. With the motion having been adopted, a roll call was then taken on the adoption of the Resolution, as amended, with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Resolution, as amended, was ADOPTED. Vice Mayor Jones made a brief closing statement citing two problems: (1) The Board's understanding that the property was zoned for office use and Staff informs the zoning is commercial; and (2) People come down in support of zoning, assuming they are protected, and there seems to be a "slip up' in the filing of records. Introduced next was Resolution No. 6,751, with the title being: 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 EIGHTH YEAR (1982 -83); APPROVING THE CDBG APPLICATION; AUTHORIZING THE FILING OF THE APPLICATION FOR SAID FUNDS; AND FOR OTHER PURPOSES; with the Resolution being read in full, and thereafter adopted by motion of Director Shackelford, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,752 was considered at this time, entitled: ' A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR STREET CONSTRUCTION AND DRAINAGE IN THE EIGHTH YEAR CDBG PROGRAM; AND FOR OTHER PURPOSES; (Heavrin Construction Company) with the Resolution being read in its entirety and subsequently adopted by a motion T FvI MARCH 4, 1982, Cont'd. made by Director Shackelford, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' Resolution No. 6,753 was presented, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR 1982 STREET RESURFACING WORK; AND FOR OTHER PURPOSES; (APT Construction Company) and after the full reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director - Shackelford and the 1 outcome of the Aye and No.Vote is recorded as follows: Ayes - Directors Keith, Benafie. Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There was presented Ordinance No. 14,207, containing the following title: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND FOR EXPENSES AND FEES FOR VARIOUS LAWSUITS; AND FOR OTHER PURPOSES; ($59,000 - Gilbert Case; $27,500 - Shavers Case; and $20,000.for depositions and witness fees in Gilbert Case) , with the Ordinance being 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 Keith, seconded by Director 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. 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 reading of the Ordinance by a motion made and seconded by Directors Keith and Weeks, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Resolution No. 6,754 was the next presentation, described as: , A RESOLUTION AUTHORIZING THE SALE OF SURPLUS CITY PROPERTY LOCATED AT 2816 SOUTH CROSS STREET AND AT EIGHTH AND FILLMORE STREETS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Shackelford, seconded by Director Hubbell, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I 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 Little Rock, authorizing the entry into an agreement to issue bonds for the purpose of assisting in the financing of a tourism project within the City of Little Rock in an aggregate amount now estimated to be $2,000,000. The Public Hearing was declared open and with no one present to speak against the proposal, the Public Hearing was declared ' closed and Resolution No. 6,755 was presented, entitled: 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 ASSISTING IN THE FINANCING OF A TOURISM PROJECT WITHIN THE CITY; MARCH 4, 1982, Cont'd. and the Resolution was read in its entirety. A motion was made by Director Jones and seconded by Director Benafield, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Shackelford and Jones - total 5; Noes - None; Abstaining - Mayor Bussey and Director Hubbell - total 2; Absent - None. The City Attorney brought to the Board of Directors' attention, the appeal of Case No. 82 -170 to Circuit Court, regarding the requirement that traffic citations be notarized, the question having been raised by Traffic Judge William R. Butler. In order to settle the question, a Motion was made by Director Keith and seconded by Director Benafield, that the.,City Attorney be authorized to appeal Case No. 82 -170, relative to traffic citations. The Motion was unanimously adopted by voice vote of the members of the Board of Directors present. Introduced at this time was Resolution No. 6,756, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT AND THE EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD (AMBULANCE AUTHORITY); AND FOR OTHER PURPOSES; (Ms. Marcelline Giroir - Board of Adjustment; Mr. David J. Jones to Ambulance Authorit} and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Jones, seconded by Director Shackelford, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mr. Bill Davies, Director of Public Works, presented a map indicating the 31.6 miles of street resurfacing work to be conducted during the coming months. He said street workers will begin working 48 -hour weeks Monday and that 12 temporary employees have been hired to help fill "pot holes" in the streets caused by severe winter weathe 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 Weeks, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:15 o'clock P. M. to meet again in regular session on Tuesday, March 16, 1982 at 7:30 o'clock P. M. ATTEST: (14e�2 APPROVED: City Clerk QQQ ayor J 116, Board of Directors Chamber Little Rock, Arkansas March 16, 1982 - 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 Charles Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent- None. With a quorum in attendance, Mayor Bussey declared the Board of Directors in i session. The meeting was opened with the invocation given by Mayor Bussey. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held March 4, 1982. (b) The Comparative Statement of'Income Account of the Little Rock Municipal Water Works for the month of January, 1982. (c) The Audit Report of the Little Rock Municipal Water Works for the period ending December 31, 1981. (d) The 1981 Audit Report of the City of Little Rock, Arkansas. ' (e) A Motion to set the date for public hearing on April 6, 1982 to amend the Heights /Hillcrest Plan in the Riverdale Area. (f) Resolution No. 6,757, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR JANITORIAL SERVICE FOR CERTAIN CITY BUILDINGS, AND FOR A FIRE SUPPRESSION SYSTEM FOR THE TRAFFIC CONTROL SYSTEM; AND FOR OTHER PURPOSES. (g) Resolution No. 6,758, with the title being: A RESOLUTION COMMENDING AND RECOGNIZING E. JACK MURPHY, DIRECTOR OF THE LITTLE ROCK FINANCE AND ADMINISTRATION DEPARTMENT AND HIS STAFF FOR THEIR OUTSTANDING WORK AND HIGH STANDARDS IN THE AREAS OF ACCOUNTING PROCEDURES AND FINANCIAL REPORTING; AND FOR OTHER PURPOSES. (h) Resolution No. 6,759, described as: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE TO ' APPEAL THE CASE OF ANN CASH, ET AL. V. CITY OF LITTLE ROCK, ARKANSAS, CHANCERY CASE NO. 81 -4165; AND FOR OTHER PURPOSES. (i) Resolution No. 6,760, containing the following title: A RESOLUTION DIRECTING THE CITY ATTORNEY TO REQUIRE LAW FIRMS EMPLOYED I AS OUTSIDE COUNSEL FOR THE CITY TO SUBMIT BILLS FOR FEES FOR THEIR LEGAL SERVICES ON A MONTHLY BASIS AND TO SUBMIT INDIVIDUAL BILLS FOR EACH CASE; i AND FOR OTHER PURPOSES. \ By motion of Director Keith, seconded by Director Hubbell, 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; (c) The Audit Report of the Littl Rock Municipal Water Works was received and filed; (d) The Audit Report of the City ' of Little Rock was received and filed; (e) Motion was made and adopted to set the date for public hearing to amend the Heights /Hillcrest Plan in the Riverdale Area on April 6, 1982; (f, g, h & i) Resolutions No. 6,757, 6,758, 6,759 and 6,760 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafiel f I 0 MARCH 161 1982, Cont d. Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z- 3648 -B - From E. M. Pfeifer to rezone the North 275 ft. of the West 300 ft. of Lot 7R, Triangle Properties Industrial District (8323 New Benton Highway), from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3804 - From Mrs. Selma Ratley to rezone 7812 "T" Street, described as Lot 9 and the East 10 ft. of Lot 8, Block 19, Bellevue Addition to the City of Little Rock, from "R -2" Single - family District to "0 -3" General Office District. Opposition was presented by Barney and Louise Gelber, Managers of Motel 6, to the of 8323 New Benton Highway for "B. J's Star - Studded Honky - Tonk." They cited rezoning parking and noise problems, pointing out that parking is inadequate, the motel guests would be disturbed because the building is of metal construction which formerly housed a lumber company and was not properly insulated for a business of this type. Mr. Gelber,p;gquested that no decision be reached on the zoning until these problems are solved. Mr. William C. McArthur, Attorney representing the applicants, advised the 'problems with Motel 6 are being worked out with Joseph C. Kemp, the opponents Attorney, and will be solved; therefore, Mr. Kemp was not in attendance. Mr. McArthur responded to inadequate parking by informing that an agreement has been entered into with United Parcel Service to use overflow parking on their lot and if necessary, his clients will lease an abutting lot for parking purposes. He further advised that he had a contract for the installation of 1" solid insulation to be installed this week -end for sound proofing purposes. There was no further discussion regarding the two proposed zoning issues and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,208 as follows) Ordinance No. 14,208 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; 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven i in number and two- thirds or more of the members of the Board of Directors - elect. Ther was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Shackelford and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. A roll call was taken on suspensio of the rules with the outcome being six Ayes and one No Vote cast by Director Keith, being two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - ,total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. ' The following Zoning Application was presented at this time, as approved by the Planning Commission: Z -3801 - From Barbara R. Turner to rezone the East 28 ft. of Lot 17, Block B, East End Addition to the City of Little Rock, Arkansas (2313 East 6th Street), from "I -3" Heavy Industrial District to "R -4" Two - family District. There was no one presen 118 MARCH 16, 1982, Cont'd. to speak in opposition to the rezoning application and Ordinance No. 14,209 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 2313 EAST 6TH 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 after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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, again seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was un- animously 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 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 Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; i Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on an Ordinance accep• ing the recommendations of the Little Rock Planning Commission, establishing the Mastel Street Plan of the Little Rock Planning Area, and related matters, and repealing Ordinance No. 13,719. Mayor Bussey declared the public hearing open and with no opposition being presented, the public hearing was closed and Ordinance No. 14,210 was presented, entitled: AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE LITTLE ROCK PLANNING COMMISSION, ESTABLISHING THE MASTER STREET PLAN OF THE LITTLE ROCK PLANNING AREA, AND RELATED MATTERS, ESTABLISHING SAID PLAN, REPEALING ORDINANCE NO. 13,719; AND FOR OTHER PURPOSE and said Ordinance was read the first time. A motion followed from Director Hubbell to amend the Ordinance to "eliminate the Evergreen Road connection to Brookside Drive." The motion was seconded by Director Jones and was unanimously adopted by voice vote of the Board of Directors present.. With the motion having been adopted, there was a sub- ' sequent motion by Director Hubbell, seconded by Director Jones, that the rules be suspended and the Ordinance, as amended, be placed on second reading. The motion was 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. Upon second reading of the Ordinance, as amended, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance, as amended, at this time, with the motion being made by Director Jones, 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, as amended, followed by an Aye and No Vote taken on the passage of the Ordinance, as amended, with the resulting vote being recorded as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. , Mayor Bussey then announced that the Ordinance, as amended, had PASSED. / I MARCH 16, 1982, Cont'd. A public hearing had been scheduled for this time and place on the Zoning Appeal filed by Mr. John S. Robbins for Mrs. Ester McCroskey, to reclassify (Z -3785) 7217 -23 Geyer Springs Road in the City of Little Rock, from "C -3" General.Commercial District to "C -4" Open Display District. The application had been denied by the Planning Commission by a vote of 1 Aye, 8 Noes, 2 Absent, with the Staff recommending denial. The public hearing was declared open and Mr. Nathaniel Grittin, Director oL VuuiYLe- hensive Planning advised that the proposed use had been for a mobile home sales lot, and the City Engineering Department is concerned about the potential traffic problems associated with the maneuvering of mobile homes on and off the property from Geyer Springs Road, which is a major arterial street carrying very heavy traffic. There was no one present to speak for the proposed zoning change, and with no further discussion the public hearing was declared closed and the proposed Ordinance to reclassify the property was placed on first reading with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7217 -23 GEYER SPRINGS 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 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 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. 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, secondE 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - None; Noes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; ' Absent - None. The Ordinance therefore, FAILED TO BE PASSED. Ordinance No. 14,211 was the next presentation, containing the following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A.PRD DISTRICT TITLED THE WRIGHT - HOLMAN ESTATE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING.CHAPTER 43 ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK 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 Benafield, 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 again seconded by Director Benafield, 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, Benafield Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; 120111111 MARCH 16, 1982, Cont'd. Noes - None; Absent - None. The Ordinance was then declared PASSED. Resolution No. 6,761 was considered at this time, with the title being: A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NUMBER 6,351 TO MODIFY THE OFFICIAL ' ANNEXATION BOUNDARY LINE ESTABLISHED BY THAT RESOLUTION TO INCLUDE THE SITE OF THE J. A. FAIR SCHOOL AND ADDITIONAL PROPERTY AS SHOWN ON THE EXHIBIT CONTAINED IN THIS RESOLUTION; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution which was subsequently adopted upon I motion of Director Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - Director Shackelford - total 1; Absent.- None. Introduced at this time was Ordinance No. 14,212, 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; (3.21 acres, more or less, on the East side of Shackleford Road about 1/4 mile South of the intersection of Kanis and Shackleford Roads - Bixler Annexation; Court Order dated February 1, 1982) with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Benafield, , seconded by Director Weeks, and unanimously adopted by the "Board Members present, bein seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Benafield and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an i Aye and No Vote,'which received the following response: Ay6s - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 14,213, entitled: AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A ' CONTRACT FOR TERMINALS AND REMOTE PRINTERS FOR MANAGEMENT SUPPORT; APPROPRIATING $22,500 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR THE PURCHASE OF TERMINALS AND REMOTE PRINTERS FOR MANAGEMENT SUPPORT; 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 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. 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 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. MARCH 16, 1982, Cont'd. Resolution No. 6,762 was considered at this time, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE 7TH YEAR (1981 -82) CDBG STREET, SIDEWALK AND STORM DRAINAGE RECONSTRUCTION ' IN THE OAK FOREST AND JOHN BARROW NEIGHBORHOODS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6;" Noes - Director Keith - total 1; Absent - None. Ordinance No. 14,214 was presented containing the following title: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR DOZER REPAIR; WAIVING A COMPETITIVE BIDDING IN THE AWARD OF A CONTRACT FOR DOZER REPAIR; DECLARING A EMERGENCY; AND FOR OTHER PURPOSES; (Little Rock Road Machinery Company) 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 Shackelford 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 adopte.d,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, Benafield, Weeks, Mayor Bussey, Directors 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 - Directors Keith, Benafield, ' Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 14,215 was considered next, with the title being: AN ORDINANCE APPROPRIATING TWENTY THOUSAND DOLLARS ($20,000.00) FROM THE UN- APPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR THE PURCHASE OF LAND IN FOURCHE BOTTOMS; 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 I Directors- elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Shackelford, again seconded by Director Jones, to further suspend the rules and place the Ordinance on third and final reading. The motion was un- animously 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 final reading of the Ordinance after which an Aye and No Vote was 12 MARCH 16, 1982, Cont'd. taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. The next presentation was Ordinance No. 14,216, entitled: ' AN ORDINANCE APPROPRIATING ONE MILLION, FIFTY -THREE THOUSAND, FOUR HUNDRED SIXTY DOLLARS AND FIFTY -SIX CENTS ($1,053,460.56) FROM THE FUNDS ALREADY ALLOCATED IN THE BOND FUND OF THE 1977 CAPITAL IMPROVEMENT FUND TO BE USED FOR THE JOHN BARROW ROAD IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO PROVIDE FUNDS TO THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FEDERAL AID URBAN MATCHING FUNDS AND OTHER SUPPORTING COSTS; 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, bein seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Shackelford and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous ' adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared the Ordinance PASSED. Ordinance No. 14,217 was considered at this time, described as: 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 NECESSARY TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND,FOR OTHER PURPOSES; which Ordinance was read the first time. At this point, Director Keith expressed his I opinion that the Tennenbaum building should be included in this Ordinance. Several ' fires have erupted at this site, and he felt the hazards of fighting fires at this unoccupied building are too great. City Manager Mahlon Martin then suggested that the matter be placed on the next Agenda for consideration, which was.generally agreed I upon. The rules were then suspended to provide for the second,reading of the Ordi- nance, by a motion made by Director Benafield, seconded by Director Hubbell, and un- animously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Benafield and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and.the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response:. Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, ' Directors 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 - Directors Keith, Benafield, Weeks Ma or Busse Directors Shackelford Hubbell and Jones - total 7• Noes - None; / I , � 23 MARCH 16, 1982, Cont'd. Absent - None. It was then announced that the Ordinance, together with the Emergency Section,, had-PASSED. ' The next presentation was Resolution No. 6,763, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO RETAIN THE LAW FIRM OF HOUSE, HOLMES AND JEWELL TO REPRESENT THE LITTLE ROCK POLICE DEPARTMENT AT A CIVIL.SERVICE COMMISSION HEARING; AND FOR OTHER PURPOSES; (Case of Horace Walters) and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Director Jones, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. To conclude the meeting, a discussion was held relative to appointments to the Sign Board of Review, and provisions of the Sign Ordinance. Director Jones moved that Kathy Johnson be reappointed to the Sign Board, which motion was seconded by Director Shackelford. Director Hubbell commented that he "refuses to vote to appoint anybody to the Sign Board because the Ordinance doesn't work." He further stated many provisions of the Ordinance are unconstitutional and that it has done little to stem the proliferation of signs and billboards in the City. City Attorney Jack Magruder agreed that some provisions are legally suspect; adding, "there are legal questions about the Ordinance's amortization schedule under which owners of non- conforming signs are required to remove them after a specified period." Director Hubbell suggested that the Board of Directors consider declaring a moratorium on the Sign Ordinance at the next Agenda Meeting. After the discussion, Directors Jones and Shackelford withdrew the motion and second and no further action was taken at this time to fill vacancies on the Sign Board of Review. There was no further business to be presented or to come before the Board of Directors and upon motion of Director Shackelford, seconded by Director Jones, and unanimous adoption by the Board Members present, the meeting was recessed at 9:00 o'clock P. M. to reconvene on Wednesday,.March 31, 1982 at 1:30 o'clock P. M. to consider approving a loan to Central Arkansas Transit Company. ATTEST: �, �(� APPROVED: (/3 City Clerk Mayor i I Y iAlil I ff Board of Directors Chamber I Little Rock, Arkansas March 31, 1982 . - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the March 16, 1982 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk with the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. Mayor Bussey advised appointments to Boards and Commissions should be considered at this time, and the first to be discussed was the Sign Board of Review, and the provisions of the Sign Ordinance. To begin the discussion, Director Hubbell suggested I that the Staff be given a month to "come up with" a simplified ordinance; adding, "it needs to be simplified, you literally cannot read the thing." Director Benafield agreed the ordinance is unenforceable. He further stated that he has received a lot of calls regarding the sign provisions, there are a lot of problems with it, and a month or four weeks ought to be long enough to prepare a simplified ordinance. Direct ' Keith was concerned that the Sign Ordinance never contained a minimum exemption; further commenting, "I want an exemption - something that is workable - I just as soon not make these appointments until this is solved." City Manager Mahlon Martin advised that something can be done administratively in thirty days, but in the interim, the Sign Board of Review needs a quorum. In the discussion, it was generally agreed that the appointments should be made for only thirty days, or that the Board rescind the appointments if necessary, when the ordinance is restructured. There was no further discussion and Resolution No. 6,764 making appointments to the Sign Board of Review for an indefinite period, was presented with the title being: A RESOLUTION MAKING A REAPPOINTMENT AND APPOINTMENT TO THE LITTLE ROCK SIGN BOARD OF REVIEW; AND FOR OTHER PURPOSES; (Reappointing Ms. Kathy Johnson and appointing Mr. Byron R. Morse) and the.Resolution was read in its entirety. A motion was made by Director Benafield ' and seconded by Director Jones, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,765, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ELECTRICAL CODE APPEALS; AND FOR OTHER PURPOSES; (Appointing Bert Jones and Joseph F. Fort to 3 -yr. terms) and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Jones, seconded by Director Benafield, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 6,766, containing the follow- , ing title: A RESOLUTION REAFFIRMING EQUAL EMPLOYMENT PRACTICES AND POLICIES FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Director Hubbell made a motion to i 25. MARCH 31, 1982, Cont'd, i amend the Resolution by adding "color, age, religion, national origin, physical disabilities, veteran status, or Vietnam War status ". to the insurance of equal ' employment opportunities. The motion was seconded by Director Jones, and unanimously adopted by voice vote of the members of the Board of Directors present. A subsequent motion was then made by Director Jones, seconded by Director Shackelford, that the Resolution, as amended, be adopted. The ensuing roll call vote then adopted the Resolution, as amended, as herein recorded: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There being no further business to be presented, it was moved by Director Shackel ford, seconded by Director Jones, and unanimously carried that the meeting be adjourn- ed at 2:05 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, April 6, 1982. i I ATTEST: PAW APPROVED: I City Clerk Mayor I I I I 126 Board of Directors Chamber Little Rock, Arkansas April 6, 1982 - 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 Charles Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Benafield - total 1. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. The Invocation was given by Director Shackelford. The first presentation was the Consent Agenda, including the following items: (a) The Minutes of the previous meeting held March 16, 1982 and the reconvened meeting held March 31, 1982. (b) The 1981 Audit Report of the Little Rock Port Authority. (c) Resolution No. 6,767, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A PUMPER FIRE TRUCK, POLICE MOTORCYCLES, FIRE DEPARTMENT AIR ' TANKS AND ACCESSORIES, FIRE HOSE, CONSTRUCTION OF A FIRE STATION, FIRE DEPARTMENT UNIFORMS AND FIREFIGHTER TURNOUT CLOTHING; AND FOR OTHER PURPOSES (d) A Motion to set the date for public hearing on April 20, 1982 to rezone Block 1, Gibralter Heights Addition to the City of Little Rock, Arkansas (Z- 3793), from "R -2" Single- family District to "MF -24" Multi- family District (Zoning Appeal) (e) A Motion to set the date for public hearing on May 4, 1982 to rezone 520 North Cedar Street (Z- 3798), from "R -3" Single - family District to "R -5" Urban Residence District. (Zoning Appeal) (f) Resolution No. 6,768, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THAT PART OF PINE VALLEY ROAD LYING BETWEEN THE SOUTH LINE OF THE S 1/2 S 1/2 SECTION 24, T -2 -N, R -13 -W, PULASKI COUNTY, ARKANSAS, AND THE SOUTH RIGHT -OF -WAY OF THE CRI &P RAILROAD IN THE CITY OF LITTLE ROCK, ARKANSAS. ' (April 20, 1982) i (g) Resolution No. 6,769, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEYS IN BLOCKS 3 & 4, FOREST HILL ADDITION TO THE CITY OF LITTLE POCK, I ARKANSAS. (April 20, 1982) (h) Resolution No. 6,770, described as: A RESOLUTION REQUESTING THAT THE ARKANSAS MUNICIPAL LEAGUE SUBMIT AN AMICUS CURIAE BRIEF IN THE JOHN ERICKSON CASE; AND FOR OTHER PURPOSES. By motion of Director Keith, 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 and reconvened meetings were approved as written and summarized to the Board of Directors; (b) The 1981 Audit Report of the Little Rock Port Authority was received and filed; (c) Resolution No. 6,767 was read in full and ' adopted by the following roll call vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1; (d) Motion was made to set date for public hearing on April 20, 1982 to rezone Block 1, Gibralter Heights Addition to the City of Little Rock; JII 1 27 APRIL 6, 1982, Cont'd. (e) Motion was made to set date for public hearing on May 4, 1982 to rezone 520 North Cedar Street; and (f, g & h) Resolutions No. 6,768, 6,769 and 6,770 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - i Director Benafield - total 1. A public hearing had been scheduled and advertised for this time and place on the issue of amending the Heights /Hillcrest Zoning Plan, concerning properties located in the Riverdale Addition located between the Arkansas River on the east and Rebsamen Park Road on the west. Mayor Bussey declared the public hearing open and when no one appear ed to address the issue, he declared the public hearing closed and Ordinance No. 14,218 ,was presented, entitled: AN ORDINANCE AMENDING THE HEIGHTS /HILLCREST PLAN IN.THE RIVERDALE AREA FROM MULTI- FAMILY TO OFFICE AND FROM OFFICE TO MULTI- FAMILY AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Th*rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded I 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 made and seconded by Directors Hubbell and Weeks, respectively, to further suspend the rules and place the Ordinance on its third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. 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, Weeks, Mayor Bussey, Directors Shacke for, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,219 was the next presentation, described as: AN ORDINANCE REPEALING ORDINANCE NO. 14,103; REZONING PROPERTY LOCATED AT THE INTERSECTION OF INTERSTATE ROUTE NO. 30 AND OTTER CREEK ROAD EXIT IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; ' (Z -3721) and 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 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 Ordi- nance at this time, 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 Directcl 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 response being recorded as follows: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors ' Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. The Ordinance was therefore, declared PASSED. A proposed Ordinance was presented, entitled: I AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS IN THE PANKEY ADDITION OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; Jill 1 1281 APRIL 6, 1982, Cont'd. (Washington to Pankey Avenue; Garland to Russ; Townsend to Wells; Conner to Josephine; and Irving to Piggee) with the proposed Ordinance being read the first time. Ms. Joanne Tinsley, a resident of the Pankey Addition told the Board of Directors that she does not agree with the , process by which these changes are proposed, and requested that the Ordinance be tabled until a community wide meeting can be held. Mr. Nathaniel Hill, Director of Human Resources said that the Community Development Block Grant Committee is composed of ten members, with nine voting for the street name changes and one voting against them. He further added that several community wide meetings had been held. Director Shackel- ford made a motion "to delay the proposed Ordinance for a community wide meeting ", stating that she favors the community working this out, rather than mandating the Board of Directors to do so. The motion received a second by Director Jones and a roll call was taken with the results recorded as follows: Ayes - Directors Shackelford and Jones total 2; Noes - Directors Keith, Weeks, Mayor Bussey and Director Hubbell - total 4; I Absent - Director Benafield - total•. With the motion having failed, a subsequent motion was made by Director Keith, seconded by Director Weeks, that the rules be sus - pended to permit the second reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of , the members of the Board of Directors - elect. There was a second reading of the Ordi- nane, followed by a motion to again suspend the rules and place the Ordinance on its third and final reading. A roll call was taken on suspension of the rules with the outcome recorded as follows: Ayes - Directors Keith, Weeks, Mayor Bussey and Director Hubbell - total 4; Noes - Directors Shackelford and Jones - 2; Absent - Director Benafield - total 1. With the suspension of the rules having failed, the proposed Ordinance remained on the calendar for third and final reading on April 20, 1982. The following application for rezoning was presented at this time, as approved by the Planning Commission on March 9, 1982: Z -3810 - From the Snider Corporation to rezone Block 3, Block 4 and the North e Half of Block 5, Forest Hill Addition to the City of Little Rock, Arkansas (I -630 at Pine and Cedar Streets), from "0 -3" and "R -3" Districts to a Planned Commercial Distric•. There was no one present to speak in opposition to the rezoning application and Ordi- nance No. 14,220 was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED SNIDER COMMERCIAL PARK IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 I . ARTICLE VI.. SECTION 6 -101 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 Hubbell, seconded by Director Shackelford, to suspend the rules and place the Ordinance on secon 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. There was a third and final reading of the Ordinance after which an I Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes -None; Absent - Director Benafield - total 1. Therefore, the Ordi- nance was declared PASSED. The next presentation was a petition to fill a vacancy on the Board of Commissione of Water Pipe Line Improvement District No. 136 of Little Rock, Arkansas (vicinity of Reinke, Bunch and Chicot Roads, and CRI &P Railroad). The petition was signed by owners ✓ I � 29 - APRIL 6, 1982, Cont'd. of real property within the district, stating that Claude Brasseale,, Jr., a member of the Board of Commissioners has resigned, and recommending that Ronald C. Tyne, property owner within the district, be appointed to fill said vacancy. Attached to the petition ' was a Certificate of Beach Abstract & Guaranty Company corroborating the petition and a copy of the resignation of Commissioner Brasseale. The Petition was received and filed, and Ordinance No. 14,221 was presented, described as: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; (Ronald C. Tyne) 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 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, 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 response being recorded as follows: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbel and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. The Ordi- nance was then declared PASSED. Ordinance No. 14,222 was presented, containing the following title: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN STREET IMPROVEMENT DISTRICT NO. 635 OF LITTLE ROCK, ARKANSAS; (A portion of Sam Peck Road) 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 Shackelford, ' seconded by Director Hubbell, and unanimously adopted by the Board Members present., i being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Shackelford, respectively, to suspend the rules and place the Ordinance on its third and final reading; The motion received un- animous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. Whereupon, the Ordinance was declared PASSED. A Public Hearing had been advertised for this time and place, upon the question of I issuance of Tourism Revenue Bonds for Lagniappe IV Limited. The Public Hearing was declared open by 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. 14,223 as follows) i i 130 APRIL 6, 1982, Cont'd. Ordinance No. 14,223 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 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS ' LESSOR, AND LAGNIAPPE IV LIMITED PARTNERSHIP, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; (Up to $1,600,000) 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 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 made by Director Keith, seconded by Director 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 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. The next matter to be considered was the authorization to enter into an agreement by and between the City of Little Rock and J. H. Hamlen & Son, Inc. to issue bonds not to exceed $1,000,000 for the purpose of assisting in the financing of an industrial facility. A public hearing had been scheduled and advertised for this time and place to hear persons wishing to speak for or against the proposal. Mayor Bussey declared ' the public hearing open and when no one appeared to speak in opposition, he declared the public hearing closed, and Resolution No. 6,771 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 AN INDUSTRIAL FACILITY WITHIN OR NEAR THE CITY; and the Resolution was read in its entirety. A motion was made by Director Keith and seconded by Director Weeks, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes None; Absent -- Director Benafield - total 1. Considered at this time was Resolution No. 6,772, described as: A RESOLUTION APPROVING THE ALLOCATION OF UNCOMMITTED TITLE II -B FISCAL YEAR 1982 CETA FUNDS; AND FOR OTHER PURPOSES; ' (Pathfinders - $40,225; Little Rock School District - $9,000; Metropolitan Vocational Technical School incentive allowances - $15,990) and the Resolution was read in full. In response to the Board's concern at the Agenda Meeting on Wednesday, regarding what was being proposed for the remainder of the funds �31 APRIL 6, 1982, Cont'd. in the approximate amount of $16,000, City Manager. Mahlon Martin advised that $15,990 has been recommended by the Little Rock Advisory Council, and is being allocated in the Resolution, for Metropolitan Vocational Technical School- incentive allowances. There was a motion by Director Hubbell, seconded by Director Weeks, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. Resolution No. 6,773 was presented at this time, with the title being: A RESOLUTION AUTHORIZING THE EXPENDITURE OF TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) TO OBTAIN ADDITIONAL LEGAL SERVICES IN THE APPEAL OF THE CASE OF ANN CASH v. CITY; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution, A motion followed by Director Keith and seconded by Director Weeks, that the Resolution be adopted. A roll call was i taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - _ - total 1. None; Absent Director Benafield ' The next presentation was Resolution No. 6,774, entitled: A RESOLUTION APPROVING THE TUTORIAL /WORK EXPERIENCE PROJECT THROUGH THE YOUTH EMPLOYMENT TRAINING PROGRAM FOR CETA ELIGIBLE YOUTH IN THE LITTLE ROCK SCHOOL DISTRICT FOR A COST OF ONE HUNDRED SEVENTEEN THOUSAND AND FIVE DOLLARS ($117,005.00); AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Shackelford, seconded by Director Hubbell, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent i Director Benafield - total 1. Ordinance No. 14,224 was presented next, containing the following caption: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITATIONS BY THE LITTLE ROCK POLICE i DEPARTMENT FOR VEHICLES WHICH DO NOT LEGALLY DISPLAY THE SPECIAL LICENSE DECAL PROVIDED FOR IN ACT 772 OF 1979 AND WHICH ARE PARKED IN AREAS DESIGNATED FOR THE EXCLUSIVE USE ' OF DISABLED PERSONS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. The special license decal is authorized by the State of Arkansas, and in brief discussion Director Weeks questioned what I constitutes a handicapped person; adding, the decal should be removed when an automobil is sold. City Manager Mahlon Martin explained the decal is one the.license plate and transfers with the ownership of the license plate, when a car is sold or changed. Mr. Delbert 0. Lewis, who supports the Ordinance, stated the proposed Ordinance refer - ences Act 772 of 1979, which may cause a problem. He pointed out that the Attorney General has ruled that Act 772 does not apply to publicly used private property since it amends the State Vehicle Code. City Attorney Magruder commented that "what we have done in this Ordinance is what Act 772 allows us to do, which is to impose a penal sanction for parking in a handicapped space." He suggested that he and Mr. Lewis might need to discuss the matter,further, but said "this is a step in the right direction." There was a motion by Director Hubbell, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously r adopted by members of the Board of Directors present, being six in number and two -third or more of the members of the Board of Directors- elect. Upon second reading of the Or_dinance_,_a_mdtion_ was _again- madeto— suspend_the-x-ule.s to allow for the third and 13 I , APRIL 6, 1982, Cont'd. final reading of the Ordinance at this time, with the motion being made by Director Keith, seconded by Director Weeks, 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 herein described: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Benafield - total 1. Mayor Bussey then announced that the Ordinance had PASSED. Resolution No. 6,775 was considered at this time, with the title being: A RESOLUTION SUPPORTING THE CENTRAL ARKANSAS LIBRARY SYSTEM IN ITS EFFORTS TO i SECURE THE REQUIRED NUMBER OF SIGNATURES TO PLACE THE LOCAL LIBRARY SERVICES IMPROVE - MENT.AMENDMENT ON THE BALLOT IN NOVEMBER 1982; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed by Director Jones and seconded by Director Shackelford, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones total 6; Noes - None; Absent - Director Benafield - total 1. The next presentation was Resolution No. 6,776, entitled: A RESOLUTION REAFFIRMING THE CITY'S POLICY THAT ACTIVITIES IN THE CITY'S PARKS SHALL BE SELF - SUPPORTING; STATING THAT THE CITY MANAGER DOES NOT HAVE AUTHORITY TO WAIVE FEES FOR ACTIVITIES IN THE CITY'S PARKS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Director Weeks, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones —total 6; Noes - None; Absent - Director Benafield - total 1. Resolution No. 6,777, was presented containing the following heading: A RESOLUTION REAFFIRMING THE CITY'S POLICY THAT THERE SHALL BE NO SALES OF BEER IN MURRAY PARK EXCEPT THOSE MADE BY RIVERFEST, INC. DURING THE PERIOD OF RIVERFEST; ' AUTHORIZING RIVERFEST, INC. TO OBTAIN A RETAIL BEER PERMIT FOR MURRAY PARK; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes I None; Absent - Director Benafield - total 1. Resolution No. 6,778 was presented, entitled: A RESOLUTION AUTHORIZING AND DIRECTING THE STAFF TO CONSIDER METHODS TO ACHIEVE MORE AFFORDABLE HOUSING IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; I and the Resolution was read in its entirety. Vice Mayor Jones commented that certain changes such as allowing smaller lot sizes could be made, but quality in construction should certainly be maintained. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors ' Keith, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes None; Absent - Director Benafield - total 1. At 8:25 o'clock P. M. Mayor Bussey declared a ten minute recess. I I ' 33 APRIL 6, 1982, Cont'd. The Board of Directors reconvened from recess at 8:35 o'clock P. M. with Mayor Bussey presiding and the following Directors answering roll call: Directors Keith, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Benafield - total At this point in the meeting, Mayor Bussey presented Mr. Julius Breckling, Director of Parks and Recreation with an award from the Southwest Regional Council of the National Parks Association, in recognition of the development of the Raymond Rebsamen Tennis Center. The next matter to be considered was appropriating funds and authorizing restoration of positions to the 1982 Budget, and the abolishment of one (1) Assistant Police Chief Position. Mayor Bussey presented a ballot to each Board Member and requested that they vote by written ballot on each of the special projects. After the voting, the ballots were collected and the votes tallied as follows, with'Director Benafield absent: Street.Resurfacing 6 Aye Votes 1 No (Keith) C. A. T. 5 Aye Votes; Library 6 Aye Votes Arts Center 6 Aye Votes Museum 6 Aye Votes 5 Aye Votes; 1 No (Keith) ' Weed Lot Program R. 0. W. Weed Program 5 Aye Votes; l No (Weeks) Summer Playground Program 5 Aye Votes; 1 No (Keith) War Memorial Pool 6 Aye Votes Interstate Park Activities 5 Aye Votes; 1 No (Keith) 2 Aye Votes; 4 No Votes (Keith, Weeks,. State Fair Overtime Shackelford & Jones) Riverfest Costs 6 Aye Votes Central Arkansas Planning & Develop - 3 Aye Votes; 3 No Votes (Hubbell, Weeks ment District Dues & Keith) Metroplan 4 Aye,Votes; 2 No Votes (Keith & Weeks) Also included on the ballot was the abolishment of one (1) Assistant Police Chief Position, with the results recorded as follows: 5 Ayes Votes; 1 No (Hubbell); Director Benafield absent. Mayor Bussey then announced that State Fair Overtime in the amount of $9,150.00 and Central Arkansas Planning & Development District Dues in the amount of $2,000.00 had failed to be approved. After the outcome of the voting procedure was announced by Mayor Bussey, Ordinance No. 14,225 was presented with "Exhibit A" - Personnel Requests ' "Exhibit B" - Special Projects; and "Exhibit C" - Abolishment of 1 Assistant Police Chief Position attached, and entitled: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE RESTORATION OF POSITIONS TO THE 1982 BUDGET; ABOLISHING ONE POSITION; AND FOR OTHER PURPOSES; (Exhibit A - $503,093.00, Exhibit B - $655,705.00 and Exhibit C which abolishes.one (1) Assistant Police Chief Position) and after a first reading of the Ordinance, there was a motion by Director Hubbell, n 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 again made by Director Hubbell and seconded by Director Shackelford, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. 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 Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; J 13 APRIL 6, 1982, Cont'd. Absent - Director Benafield - total 1. Whereupon, the Ordinance was declared PASSED. A large group of property owners in Southwest Little Rock was present to speak at the time designated for "J - Citizen Communications." Mr. Troy Reed of 8008 Ascend Road, spoke regarding drainage in the Westwood Addition. He told the Board the proper` , owners in that area need an engineer's assessment to advise what is needed, and re- quested the City to make such a survey. Ms. Sharon Priest, a member of the City Beautiful Commission and representing a group of concerned citizens, said that "funds for drainage should be our number one priority with police protection second on the list." She pointed out that loss of personal property is high, and property values are decreasing.; further adding that last week, the water rose twice in less than twenty -four hours under the heavy rains. In closing, she requested the following: 1. That the Board direct the City Staff to use their creativity and innovation to fund drainage projects. 2. That creeks be cleaned and maintained, once they are cleaned. 3. That open ditches be cleaned of debris. 4. That an educational program be undertaken to inform all citizens of the problems created by dumping trash in creeks and ditches. 5. That the Board adopt a Resolution to write to our Washington ' delegation reminding them of the urgency of the monies required to fund Fourche Creek Plan 7 -10 and request that they ask Congress. to appropriate those monies this year. Mr. Karl Griffith, 19 Valley Court in Western Hills Subdivision explained his drain- age problem reminding that residents have been promised relief for ten years. Other citizens addressing the drainage problem were: Dr. Ed Morris, Allan 'Bennett and Edward A. Salazer. Vice Mayor Jones stated the Corps of Engineers' plan was developed several years ago, and the best figures available are that it will cost more than $18,000,000, and that the local share would be about $8,400,000. She then proposed that the Board set aside federal revenue sharing funds for the next two years to raise about $8,000,000 as the local share of funding for a massive drainage improve- ment project proposed by the Army Engineers. Director Hubbell said it was his under- standing that congressional action on the plan had been delayed because of the lack of money for the local matching funds. He added, however, that with the passage of a countywide sales tax last February, that excuse could not longer be used, and we can , now say that we have funds available and ask why the plan is still sitting on the Secretary of the Army's desk. It was Director Keith's opinion that the project had been delayed because the Army Engineers had not placed a high priority on the drainage work. State Representative Doug Brandon was present at the meeting and advised that the Engineers had made the project a priority item but the work had been held up in the Secretary of the Army's Office while the office sought additional military funding i from Congress. He also, said the City should move quickly to get the drainage improve ments funded, because President Reagan has proposed an increase in the local share in the funding of such projects. City Manager Mahlon Martin said that some relief could be given by doing things like cleaning ditches, which will be done immediately. There was no further discussion and Mayor Bussey announced that the proposal offered by Vice Mayor Jones will be voted on at the April 20, 1982 Board of Directors Meeting. Mr. C. Dailey spoke to the Board at Citizen Communications time regarding the , construction of a fire station in a new location, when a fire station in the eastern part of the City had been closed. It was his opinion that parking for the handicapped should be equally enforced in the entire City, rather than on private publicly used property only. Mayor Bussey advised Mr. Dailey to contract Mary Lynn Walker regarding ✓ 1 II 35 I APRIL 6, 1982, Cont'd. I information and answers to the issues he addressed. There was no further business to be presented or to come before the Board of Directors and upon motion of Director Hubbell, seconded by Director Keith, and unanimous adoption by the Board Members present, the meeting was recessed at 9:40 o'clock P. M. to reconvene on Wednesday, April 14, 1982 at 1:30 Q'clock P. M. to make appointments to the Museum Board. ATTEST : APPROVED: �JG�G� i City Clerk Mayor I I 1 I I I I ir 136 Board of Directors Chamber Little Rock, Arkansas April 14, 1982 - 2:45 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the April 6, 1982 regular meeting with Mayor Bussey presiding, and Jane Czech,.City Clerk, with the following Directors present: Directors Keith, Benafield, Weeks and Jones - total 4; Absent - Directors Shackelford and Hubbell - total 2. Mayor Bussey declared a quorum to be present, and proceedings of the meeting are recorded as follows: Resolution No. 6,779 was the first presentation entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE AMBULANCE AUTHORITY TO APPLY FOR FUNDS FROM THE GANNETT FOUNDATION; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was made by Director Jones and seconded by Director Benafield, for the adoption of the Resolution. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. The next matter to be considered was Resolution No. 6,780, with the title being: A RESOLUTION APPOINTING MR. PHILLIP HERRINGTON TO THE BOARD OF TRUSTEES OF THE 14USEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Benafield, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Jones total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. At 3:00 o'clock P. M. Mayor Bussey announced the need for an Executive Session to discuss personnel, which was unanimously agreed upon. The Board of Directors reconvened from Executive Session at 4:30 o'clock P. M. with Mayor Bussey presiding and the following Directors answering roll call: Director Keith, Benafield, Weeks, Shackelford and Jones - total 6; Absent - Director Hubbell - total 1. ' Mayor Bussey advised the Executive Session was held to evaluate City Attorney Jack Magruder and that no formal action was taken. 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 Weeks, the meeting was adjourned at 4:35 o'clock P. M. to convene again in regular session on Tuesday, April 20, 1982 at 7:30 o'clock P. M. ATTEST : APPROVED : P City Clerk mayor iii III w s� Board of Directors Chamber Little Rock, Arkansas April 20, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular Vice Mayor Jones presiding and Jane Czech, City Clerk, and the following session with Directors present: Directors Keith, Benafield, Weeks and Hubbell - total 4; Absent - Mayor Bussey and Director Shackelford - total 2. It was announced that a quorum was in attendance and the following is an account of the proceedings: The Invocation was given by Director Hubbell. The fir.st matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held April 6, 1982 and the reconvened meeting held April 14, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1982. (c) Resolution No. 6,781, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PURCHASE OF A DUMP TRUCK WITH OVERHEAD LOADER, COMMERCIAL TRASH COLLECTION, TIRE RECAPPING, GASOLINE AND DIESEL FUEL; AND FOR OTHER PURPOSES;. By motion from Director Keith, seconded by Director Hubbell, 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 and reconvened meetings 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 i received and filed; and (c) Resolution No. 6,781 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent — Mayor Bussey and Directors Shackelford ' total 2. A Public Hearing had been scheduled for this time and place by Resolution No. 6,769, to hear arguments on the petition from Ted L. Snider, et al, to vacate the alleys in Blocks 3 and 4 of Forest Hill Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a letter from Beach Abstract & Guaranty Company certifying to record ownership of all property abutting up I the alleys to be closed. Also attached to the petition was a certified copy of the plat of Forest Hill Addition,'on file in the Pulaski County Circuit Clerk's Office. As Notice of Hearing had been duly published on April 9, 1982 and April 16, 1982, as required by Law, Vice Mayor Jones declared the Public Hearing open. There was no one present to address the issue and the Public Hearing was declared closed, with the Ordinance to vacate the above -named alleys being placed on first reading. (See Ordinance No. 14,226 as follows) Ordinance No.. 14,226 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEYS IN BLOCKS 3 AND 4, FORST HILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Hubbell, Ti J 13 APRIL 20, 1982,.Cont'd. seconded by Director Benafield, 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 five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion , was made by Director Hubbell and seconded by Director Weeks, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. The Ordinance was therefore, declared PASSED. Presented for consideration at this time was the petition of Harry McDermott, et all by R. -D. Bailey, requesting the closure of all that part of Pine Valley Road, lying between the south line of the S 1/2 S 1/2 Section 24, T -2 -N, R -13 -W, Pulaski County, and the south R -O -W of the CRI &P Railway in the City of Little Rock, Arkansas, as approved by the Planning Commission in a Subdivision Development Plan. Attached to the petition was a copy of the Order of Annexation on file in the County Clerk's , Office and the sketch prepared by Edward G. Smith & Associates, Engineers; also, a certification from Beach Abstract Company showing the last apparent owners of record on the abutting property. A Public Hearing had been scheduled for this time and place by Resolution No. 6,768, with Notice thereof having been duly published on April 9, 1982 and April 16, 1982, as required by Law. Vice Mayor Jones then declared the Publi 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 - described street was placed on first reading. (See Ordinance No. 14,227, below) Ordinance No. 14,227 was the next presentation, described as: AN ORDI14ANCE VACATING AND CLOSING THAT PART OF PINE VALLEY ROAD LYING BETWEEN THE SOUTH LINE OF THE S 1/2 S 1/2 SECTION 24, T -2 -N, R -13 -W, PULASKI COUNTY, ARKANSAS, AND THE SOUTH RIGHT -OF -WAY OF THE CRI &P RAILWAY IN 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 Benafield, 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. 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 Ordi- nance at this time, with the motion being made and seconded by Directors Hubbell and Weeks, respectively, 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 , i 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 with the resulting vote I being recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. On January 19, 1982, the Board of Directors scheduled a public hearing to conside ' the adoption of the Boyle Park District Plan relating to zoning. The hearing was opened and after discussion and some opposition to the Plan, the public hearing was deferred for ninety days. At this time, Vice Mayor Jones announced the continuation J ll I i PAS: of the public hearing and invited speakers to present their comments, The only person to respond was Mr. Bob Richardson, representing Mr. R. F. Toll, who owns property bounded by 46th Street, Ludwig Street, Asher Avenue and Holt Street. Mr. Richardson suggested that the Plan be used only as a guide for zoning, and requested that Mr. Toll's property be reassigned from yellow low density housing to orange commercial use. A motion then followed from Director Keith, seconded by Director Hubbell, that the Boyle Park District Plan Map be amended to conform with the request by Mr. Richardson for commercial zoning. A roll call was taken which adopted the motion as follows: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. There was no further discussion, the public hearing was declared closed, and Ordinance No. 14,228 was presented, with the title being: AN ORDINANCE ADOPTING THE BOYLE PARK DISTRICT PLAN; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion made at this time by Director Benafield, 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 of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect, with the second reading of the Ordinance following. A subsequent motion was made by Director Keith,. seconded by Director Bena- field, 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 t] 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 taken on the question, Shall the Ordinance Pass, with the vote being record ed herein as follows: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayo. Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. The Ordinance was then declared PASSED. A public hearing had been set for this time and place on the Zoning Appeal (Z -379 ' III, III from Charles L. Clifton, Sr, to rezone Block 1, Gibralter Heights Addition to the City of Little Rock, which faces Atkins Street which connects Markham Street and Kanis Road from "R -2" Single - family District to 'IMF-24" Multi- family District. The public hearin was declared open and when no one appeared to speak either for or against the proposal the hearing was declared closed, and a proposed Ordinance to rezone the above -named i property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED JUST WEST OF THE INTERSECTION OF TIME RIDGE DRIVE AND VALLEYWOOD DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTIC 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 Benafield, seconded by Director Keith, that the rules be suspended and the Ordinance b, 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 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 Hubbell, seconded by Director Keith, and.adopted by unanimous vote of the members of the Board of Directors present, I 1401 I APRIL 20, 1982, Cont'd. 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 - None; Noes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Absent - Mayor Bussey and Director Shackelford - total 2. Vice Mayor Jones then announced that the Ordinance had FAILED TO PASS. The next matter to be considered was Ordinance No. 14,229, containing the following caption: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Various amendments to the.Zoning Code) 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 motio was seconded by Director Benafield 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 Hubbell and Benafield, 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 Ordi- nance, there was an Aye and No Vote taken on the passage of the Ordinance which re- sulted as herein recorded: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - -total 5; Noes - None; Absent - Mayor Bussey and Director Shackel- ford - total 2: Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,230, described as: AN ORDINANCE AMENDING CHAPTER 43, SECTION 4 -102H, OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE POCK, ARKANSAS; AND FOR OTHER PURPOSES; (Relating to Conditions in the Zoning Code) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Benafield, 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 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 again made by Director Hubbell and second- ed by Director Benafield, 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, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent Mayor Bussey and Director Shackelford - total 2. Therefore, the Ordinance was declar PASSED. following Zoning Applications next, as approved by the The were considered Planning Commission: Z- 3637 -B - From J. Dan Baker by Attorney Kathy Goss, to rezone the S/W corner of East Roosevelt Road and Factoria Street described as Tract A and Lot 1, Baker I41 APRIL 20, 1982, Cont'd. Replat, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3814 - From Ray B. Thomas by John Robbins, to rezone 5300 South University Avenue (long legal description), from "C -3" General Commercial District to "C -4" Open ' 'Display 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. 14,231 as follows) Ordinance No. 14,231 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 Hubbell, 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 five in number and two- thirds or more of the members of the Board of Directors- elect; and the second reading of the Ordinance ensued. A subsequent motion was, made by Director Hubbell, again seconded by Director Weeks, to further suspend the rules and place the'Ordinance. on third and final reading.. The motion was 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 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, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. The Ordinance was then declared PASSED. The following Zoning Application was presented at this time, as approved by the Planning Commission: Z -3816 - From Tom Davis by Frank Whitbeck, to rezone 819 Park Street in the City of Little Rock, described as Lots 1, 2, 3 and 4, Block 16,.Capitol Hill Extension Addition to the City of Little Rock, from "R -4" Two - family District to "C -3" General Commercial District. The rezoning would provide the•proper classification for the erection of a billboard. The proposed Ordinance to reclassify the property was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY AT 819 PARK 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. Representatives of the City Beautiful Commission, the Capitol Zoning District and several citizens were present to oppose the rezoning, and in brief discussion, the Board of Directors in general discussion, agree to leave the Ordinance on the calendar for second reading when all Board Members are present; therefore, there was,no motion for suspension of the rules and the Ordinance remained on the calendar for second reading on May 4, 1982. Zoning Application No. Z-3820-was the next presentation from Randy Davidson by Robert J. Richardson, to rezone 9,000 square feet located at Pine Valley Road and McKinley Street, described as Lot 23, Westover Hills Addition, from "R -4" Two - family District to "R -5" Urban Residence District, as approved by the Planning Commission. No one was present to speak in opposition to the rezoning and Ordinance No. 14,232 was presented, entitled: 14 II !; APRIL 20, 1982, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE 2,000 BLOCK OF NORTH McKINLEY STREET (WEST SIDE OF 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; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, second- ed by Director Benafield, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous-adoption by the Board Members present, being five in number and two - thirds or more of the memberag of the -Board of Directors - elect, and the third and last reading of the Ordi- nance ensued. The question of passage of the Ordinance was then submitted to.an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. ' Zoning Application No. Z -3808 was presented from J. T. Jaynes, to rezone 5210 Mabelvale Pike (long legal description), from "R -2" Single - family District to "C -1" Neighborhood Commercial District, as approved by the Planning Commission on March 30, 1982. No opposition was presented to the proposal to rezone the property and Ordi- nance No. 14,233 was introduced, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5210 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; and said Ordinance was read the first time; after which there was a motion by Director Benafield, 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 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 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 Benafield, seconded by Director Keith, 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 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, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackel- ford - total 2. Vice Mayor Jones then announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 14,234, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN ADOPTED BY ORDINANCE NO. 13,874 FROM "SF" SINGLE FAMILY -TO-1 "LI" LIGHT INDUSTRY ANn_FC. OTHER- PURPOSES;_ , z (Re: .8120 New Benton Highway, at I- 30�and McDaniel Drive) with the Ordinance being read the first time, followed by a motion from Director Benafield to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Weeks and adopted by unanimous vote of the,Board �II � 43 APRIL 20, 1982, Cont'd. 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 Benafield and Keith, respectively, and unanimous- ly 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, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director i Shackelford - total 2. It was announced that the Ordinance had PASSED. Zoning Application No. Z -3811 was presented from J. E. Hathaway for Hydradyne I Hydraulics, Inc. to rezone 8120 New Benton Highway, described as Tract B, Town and Country Estates, from "R -2" Single - family District to "I -2" Light Industrial District, as approved by the Planning Commission. With no opposition to the rezoning being presented, Ordinance No. 14,235 was introduced, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8120 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; and there was a first reading of the Ordinance. A motion was then made by Director Benafield 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 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 Benafield and 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 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, Shall the Ordinance Pass, with the results being: Ayes - Directors Keith, Benafield Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,236 was considered, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN ADOPTED BY ORDINANCE NO. 13,87 ,FROM "SFA" SINGLE FAMILY ATTACHED AND MO' MAJOR OFFICES_, TO NS' NEIGHBORHOOD SERVICE COMMERCIAL" AND FOR OTHER PURPOSES; " (Re: Interstate I -430 and West Markham Street) 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 five in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules.were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and Weeks, respectively, and unanimously adopted by the Board Member ' 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 recorde Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None- Absent - Mayor Bussey and Director Shackelford - total 2. Vice Mayor V 14 APRIL 20, 1982, Cont'd. Jones announced that the Ordinance had PASSED. Zoning Application No. Z -3812 was presented from J. E. Hathaway for Central Baptist Church and Otis Howe, Trustee, to rezone the Northeast corner of Interstate 430 and West Markham Street, described as all that part of Blocks 15, 16, 17, 32, 33 ' and 34, Santa Fe Park Addition, Little Rock, Arkansas, which lies west of Natural Resources Drive and east of I -430 from "MF -6" Multi- family District to "0 -2" Office and Institutional District; and all that part of Blocks 39, 40 and 41, Santa Fe Park Addition, Little Rock, Arkansas, which lies west of Natural Resources Drive and east of I -430 from "MF -6" Multi- family District, "0 -3" General Office District and "C -3" General Commercial District to "C -3" General Commercial District, as approved by the i Planning Commission. There was no one present to oppose the application and Ordinance No. 14;237 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 430 AND WEST MARKHAM 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; 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 Keith, seconded by Director 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. There was a second reading of the Ordinance, after which there was a subsequent motion made by Director Keith and seconded by Director Weeks, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. Whereupon, the Ordinance was declared PASSED.. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: , Z -3809 - From Roosevelt Rucker for Coy and Patricia Baldridge to rezone Lots 7, 8 and 9, Block 15, Marshall and Wolfe's Addition to the City of Little Rock, located at the N/W corner of 11th and Summit Streets, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3810 - From John Flake for First Federal Savings and Loan Association, to rezone a parcel of land on Cantrell Road just east of the Golden China Restaurant (long legal description), from "C -3" General Commercial District to "MF -18" Multi- family District. There was no one present to speak either for or against the zoning conversions, and Ordinance No. 14,238 was presented containing the following caption: 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 there was a first reading of the Ordinance. A motion was then made by Director Benafield 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 resent being five in number and two- thirds or '11 111145 APRIL 20, 1982, Cont'd. i 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 Benafield and 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 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, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - I Mayor Bussey and Director Shackelford - total 2. Therefore, the Ordinance was declared PASSED. i Ordinance No. 14,239 was presented, described as: AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS IN THE PANKEY ADDITION OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, with the first and second readings having.occurred on April 6, 1982. There was no discussion and the roll call vote received the following response: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. It was announced that the Ordinance had PASSED. The last Ordinance.to be considered, No. 14,240, is entitled: AN ORDINANCE AMENDING ORDINANCE NO. 14,146 TO REDUCE SANITATION COLLECTION FEES TO $1.25 PER MONTH EFFECTIVE JULY 1, 1982; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. There was a motion at this time from Director Keith, seconded by.Director Benafield, to suspend the rules and place the Ordinance on its second reading. With the motion having been unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect., the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion again made by Director Keith and seconded by Director Weeks, and unanimously adopted by the ' Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was follow- ed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein recorded: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. Therefore, the Ordinance was declared PASSED. Introduced at this time was Resolution No. 6,782, with the title being: A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE CETA ADVISORY COUNCIL REGARDING THE EXPENDITURE OF FISCAL YEAR 1982 SUMMER YOUTH EMPLOYMENT PROGRAM FUNDS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. City Manager Mahlon Martin advised th final allocations by the Labor Department have been received with a reduction of $15,000. It was the Staff recommendation that the $15,000 be taken from the EOA Program, making the allocation for that Program $340,067.00; with the allocation for the Little Rock School District being $41,933.00. There was no further discussion and the Resolution was subsequently adopted upon motion of Director Hubbell, seconded by Director Benafield, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes -. None; Absent - V 146 APRIL 20, 1982, Cont'd. Mayor Bussey and Director Shackelford - total 2. A proposed Resolution was presented, containing the following heading: A RESOLUTION WAIVING FEES FOR USE OF THE CITY BALL FIELD FOR A TOURNAMENT SPONSORED BY THE EASTER SEAL SOCIETY; AND FOR OTHER PURPOSES; ' and the Resolution was read in its entirety. A motion followed from Director Hubbell, seconded by Director Weeks, for the adoption of the Resolution. A roll call was taken on the motion to adopt the Resolution with the results recorded as follows: Ayes - None; Noes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total ; I Absent - Mayor Bussey and Director Shackelford - total 2. Therefore, the Resolution FAILED to be adopted. The next presentation was Resolution No. 6,783, entitled: A RESOLUTION AUTHORIZING AN ADMISSION CHARGE AT THE MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Keith, seconded by Director Benafield, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Bena- field, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor , Bussey and Director Shackelford - total 2. Resolution No. 6,784 was presented, with the title being: A RESOLUTION EXTENDING FIRE SERVICE CONTRACTS FOR FIRE FIGHTING SERVICES FOR A ONE YEAR PERIOD TO CERTAIN COMPANIES OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Benafield, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. The next presentation was Resolution No. 6,785, described as: A RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT AT INTERSTATE PARK TO THE WASTEWATER UTILITY FOR CONSTRUCTION OF A NEW LINE; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call ' was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. The last Resolution to be considered was No. 6,786, entitled: A RESOLUTION EXPRESSING THE BOARD OF DIRECTORS' POLICY CONCERNING DRAINAGE; ESTABLISHING DRAINAGE AS ONE OF THE CTTY'S MAJOR PRIORITIES; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Mayor Bussey and Director Shackelford - total 2. In connection with Item 23 appearing on the Agenda (Resolution No. 6,786, establishing drainage as one of the City's major priorities), several persons were ' present to again discuss drainage problems caused by recent heavy rains. This is a recurring problem and the U. S. Corps of Engineers completed a Flood Plain Study of Fourche Creek and Tributaries in 1969, but lack of local matching funds has prevented efforts to get the Master Drainage Project underway. Mr. Troy Reed of 8008 Ascension 4`7 APRIL 20, 1982, Cont'd. Road in the Westwood Addition requested that drainage improvements be made as quickly as possible., due to the fact that flood insurance is going to increase. Mr. Reed said the problem in Westwood Addition is only about 200 feet long and asked for some immediate temporary relief. At this point, City Manager Mahlon Martin explained that a meeting had been held with five members of the Board of Directors, several members of the Pulaski County Quorum Court, the Chamber of.Commerce, several Pulaski County State Legislators, Senators Dale Bumpers and David Pryor, and Representative Ed Bethune and a few private citizens, regarding action to alleviate flooding in Pulaski County. The Plan prepared by the Corps of Engineers would cost $29,000,000, with $9,300,000 of that amount coming from local sources. Mr. Martin advised the meeting produced an informal agreement on a formula for funding the local share of the cost. A motion was adopted at that meeting for Little Rock to pick up 75% of the local cost, Pulaski County to fund 15 %, and the State of Arkansas to pay 10% of the local matching funds. Mr. Martin expressed confidence, with local matching funds now available, that it would be possible to get the Secretary of the Army to recommend to Congress that the project be funded. Ms. Mary Carrouth, 300 Brookpark Drive, commented that one home in western Little Rock took 48 inches of floodwater, and felt dredging the creek would give some relief. Mr. Karl Griffith of 19 Valley Court, expressed appreciation for the Board's Resolution, but asked: "what can we do in emergency cases until funds are available for the Master Plan ?" Mr. Martin replied, "the Staff is out looking at the problems and as soon as we have a feel for sales tax revenues, we will request money for temp- orary relief in the form of maintenance, but long range relief will have to come with implementation of the Master Drainage Plan by the Corps of Engineers." The discussion was concluded with Dr. Ed Morris requesting that the Staff do. what they possibly could with trash and these types of things. There being no further business to be presented, it was moved by Director Hubbell, seconded by Director Keith, and unanimously carried that this meeting be adjourned at 9:15 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, May 4, 1982. ATTEST: (� APPROVED: r/ City Clerk ice Mayor 14 I Board of Directors Chamber Little Rock, Arkansas May 4, 1982 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Director Webb Hubbell presiding for Mayor Bussey (at the request of Vice Mayor Jones), and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Benafield, Weeks, Shackelford and Jones - total 5; Absent - Mayor Bussey - 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 Vice Mayor Jones. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held April 20, 1982. . (b) Resolution No. 6,787, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR RENOVATION OF THE AIR CONDITIONING SYSTEM FOR THE EAST LITTLE ' ROCK COMPLEX, CAR WASH BUILDING AND TRAILER FOR USE BY THE PUBLIC WORKS DEPARTMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,788, with the title being: RESOLUTION ELECTING ASSESSORS FOR RUMMF.'L ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS. (Filed in connection therewith was a Report of the Commissioners for the District.) (d) Resolution No. 6,789, described as: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS AND ELECTING ASSESSORS FOR RIVERDALE LEVEE IMPROVEMENT DISTRICT NO. 134 OF LITTLE ROCK, ARKANSAS. (Also filed in connection with the Resolution was a Report of the Commission ers for the District.) (e) A proposed Resolution' - containing the following caption: A RESOLUTION CONCERNING DISPOSITION OF COLLECTOR ITEMS AT THE PNSEUM ' OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. (Removed from the Consent Agenda and considered subsequently due to opposition.) (f) Resolution No. 6,790, entitled: A RESOLUTION AUTHORIZING THE SALE OF 1.6 ACRES OF LAND IN.THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES. By 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 was approved as written and summarized to the members of the Board of Directors; (b, c & d) Resolutions No. 6,787, 6,788 and 6,789 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Mayor Bussey - total 1; (e) Removed from the Consent Agenda due to opposition and considered later in the meeting; and (f) Resolution No. 6,790 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Bena- ' field, Weeks, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Mayor Bussey - total 1. Mayor Bussey was enrolled, but Director Hubbell continued to chair the meeting III 45 MAY 4, 1982, Cont'd. i at the request of Mayor Bussey. Resolution No. 6,791 was presented at this time which did not appear on the ' official agenda, but consideration of same was requested by the Advertising and Promotion Commission, with the title being: A RESOLUTION APPROVING THE ACCEPTANCE OF A REAL ESTATE CONTRACT DATED APRIL 29, 1982 SUBMITTED BY HOOPER -BOND INVESTMENTS, AS BUYER, WITH MODIFICATIONS THERETO ATTACHED AS A PART THEREOF, TO PURCHASE FROM THE CITY OF LITTLE ROCK, AS SELLER, LOTS 7, 8, 9 AND THE SOUTH 30 FEET OF LOT 10, BLOCK 103, ORIGINAL CITY OF LITTLE ROCK,, PULASKI COUNTY., ARKANSAS; AND FOR OTHER PURPOSES; (Commonwealth Property - Selling Price $900,000) and there was a complete reading of the Resolution. Mr. George Millar, Projects 'Manager for the Advertising and Promotion Commission was present and explained that the buyer had stipulated that its offer must be accepted by today (May 4, 1982). Mr. B.. Finley Vinson, Chairman of the Advertising and Promotion Commission advised the acceptance of the contract was recommended by the Commission. Director Keith commented that the agreement was "good for everybody concerned." A motion then followed by ' Director Hubbell and seconded by Director Benafield, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Resolution No. 6,792, described as: A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR MANAGEMENT OF THE CONTINUING EDUCATION FACILITY AT THE CONVENTION CENTER; AUTHORIZING THE MAYOR TO SIGN THE LEASE ON BEHALF OF THE CITY; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion then followed by Director Keith and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; ' Noes - None; Absent - None.. At this point, the proposed Resolution concerning disposition of collector items at the Museum of Science and History was read. A discussion followed with Mr. Dick Herget, Chairman of the Museum Board of Trustees, advising that he has problems with the word "disposition ", which could have many meanings such as, giving up or giving away, discontinuing use of, storing, rearranging, etc. He further stated that he was not aware of the.proposed Resolution until the day before, and did not know what prompted the Resolution. Director Keith responded by referring to the glass collectio that the Museum was going to dispose of a few years ago; adding, "I think the Arts Center, quite by accident, picked up on it and now it is going to be used in the Terry House - now this is the sole reason for the Resolution." He further pointed out it was not intended to control the action of the Museum Board in any way, but it is to prevent a disposition of items that have been donated to the.Museum, before there has ' been a review by the other agencies of the City; adding, "and this is the only Board that I know of that has a review of these other Upon by Director agencies." question Hubbell, Mr, Herget advised that he would be a lot more comfortable with the word "sale" or "transfer of title." Mr. Tom Dillar, 520 Midland, Little Rock, former president of the Museums of Arkansas,.was the other speaker in opposition to the Reso- lution. He stated that as the Resolution is written now, he remains opposed. 150111 11 MAY 4, 1982, Cont'd. Director Hubbell questioned if Mr. Dillard would be opposed to modification of the Resolution by stating "sale" or "transfer of title ", to which he responded that he would like to have the opportunity to take that to the Board of Trustees. Mr. Dillard ' further commented that if this action is taken, the Museum will not be accredited, whic will cut down on ability to get grants. Director Benafield stated that he was opposed to the Resolution until he learns more about it. After further discussion, Director Hubbell made a motion to "defer the Resolution for two weeks so the Museum Board can meet and review it." The motion was seconded by Director Jones and adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey:, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been-set for this time and place on the Zoning Appeal (Z -3798 from Mr. J. M. Collins to rezone 520 North Cedar Street in the City of Little Rock, Arkansas, described as Lots 14 and 15, Block 3, Pulaski Heights Addition, from "R -3" Single- family District to "R -5" Urban Residence, for a multi - family development.. The Public Hearing was then declared open and Mr. Ralph Bozeman, representing Mr. Collins, was the first speaker. He explained that the house located on the property, which fronts on Kavanaugh Boulevard, is eighty years old and the cost to restore the structur ' consisting of four one - bedroom apartments would be $85,000. Mr. Bozeman said it would not be feasible to restore the building and that his client proposes to construct a new eight unit apartment building of one - bedroom units, with some eight trees to remain which will enhance the aesthetic value of the property. He presented slides indicating the deteriorating condition of the existing structure, and reminded that the proposal had received approval by the Planning Staff. At the time the matter was before the Planning Commission, there was no specific plan for redevelopment, but Mr. Bozeman, presented sketches to Board Members of the proposed multi - family development which has now been decided upon. Upon question by Director Hubbell, Mr. Bozeman said he had no problem with referring-the matter back to the Planning Commission for further study. Mr. Bill Rector of 506 North Elm Street was the first,to speak in opposition. He said the house fronts on Cedar Street and was built in 1903. He contended that Mr. Collins could "fix up" the apartments and receive more than $100.00 and $125.00 per month , rental fees. Mr. Ralph Megna of 511 East 8th Street, pointed out that the $85,000 renovation cost figures out to $30.00 per square foot, and that new construction costs are $50.00 per square foot and more. Mrs. Mary W. Richardson, a tenant of Mr. Collins at 520 North Cedar Street, was opposed stating that she likes the house and don'.t want it torn down. Ms. Cherly Nichols was the other person speaking in opposition. She commented that the stability of the neighborhood should be held onto, and felt the building was of historic value. There was no further discussion, the public hearing was declared closed and a proposed Ordinance to rezone the property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 520 NORTH CEDAR 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 then followed by Director Shackel- ford, seconded by Director Jones, that this matter be returned to the Planning Commis- sion for further study, since the Planning Commission was not presented this plan. A roll call was taken on the motion with the results-recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and I51 MAY 4, 1982, Cont'd. Jones - total 7; Noes - None; Absent - None. Therefore, the matter was referred back to the Planning Commission and the proposed Ordinance remained on the calendar for second reading. ' A proposed Ordinance was presented next, entitled: AN ORDINANCE RECLASSIFYING PROPERTY AT 819 PARK 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; (From "R -4" Two- family District to "C -3" General Commercial District'for construction of a billboard) and the proposed Ordinance was read the second time, having been read the first time on April 20, 1982 and left on the calendar after strong opposition. Mr. Frank Whitbeck introduced Mr. Tom Wilkes who advised that his company has had the property on the market for fifteen months. He has talked with many people, and Mr. Whitbeck's is the first concrete proposal he has received. He said it is economically unfeasible to restore the building on the property in it's present state. Mr.'Whitbeck's proposal offers an alternative; it would be income feasible, provide taxes, and be well cared for. Mr. Whitbeck then outlined his plan to clean -up a property he felt is an eye ' sore by removing the old house, erecting an outdoor sign with time and temperature, and have a neighborhood park on the remainder of the property. The erection of the sign would employ four people and thirty -one of the thirty -five trees would be saved. i Mr. Whitbeck disagreed that a billboard which is in the Wilbur D. Mills Freeway corridcl would mar the gateway to the State Capitol building. Mr. Muskie Harris, representing the Central High Community Development Block Grant Neighborhood, was opposed to the proposal and presented a petition signed by property owners in that area, opposing the rezoning of this property for commercial use. Mr. Jim Von Tungelin of 2107 Broadway, a .practicing planner requested the Board of Directors to follow the advice of the Staff and leave this property as is. Mr. Sterling Cockrill, representing the City Beautiful Commission, read a prepared statement in opposition to the rezoning of 819 Park Street. Mr. Gene Levy, an architect, presented slides of the proliferation of billboards along ' the Wilbur Mills Freeway and Cantrell Road. Mr. Ron Newman, representing the Capitol Zoning District Commission advised that the Commission had adopted a Resolution re- questing the denial of this rezoning request. Mr. Ralph Megna, Executive Director of the Quapaw Quarter Association and Mr. Bob Irving, President of the Central High Neighborhood, Inc., also opposed the proposal. Director Weeks suggested "doing away" with all billboards in the City to avoid the appearance of discrimination against Mr. Whitbeck. Director Jones commented that the proposal is a most appealing type of billboard, pointing out that "we are not singling out this one spot along I- 630." There was no further discussion and a motion was made by Director Jones, seconded by Director Shackelford, to suspend the rules and place 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 vot ' being recorded herein as follows: Ayes - None; Noes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - None. Therefore, it was announced that the Ordinance had FAILED to pass. The next presentation was Resolution No. 6,793, with the title being: J 152 MAY 4, 1982, Cont'd. A RESOLUTION CONFIRMING THE CITY BOARD'S INTENTION IN DEALING WITH FUTURE REZONING REQUESTS ALONG WEST MARKHAM AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion followed from Director Weeks, seconded by Director Shackelford, for the adoption of the Resolution. A roll call was , taken on the motion to adopt the Resolution with the results recorded as follows: Ayes Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 14,241 was presented, described as: AN ORDINANCE AMENDING ORDINANCE NO. 14,181 TO CORRECT A LEGAL PROPERTY DESCRIPTION OF A STREET AND ALLEY CLOSURE (FOREST AVENUE) IN ARKANSAS HEIGHTS ADDITION; 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 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, followed by a subsequent motion again made and seconded by Directors Shackelford and Hubbell, respectively, to suspend the rules , and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones- total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The last Resolution to be considered was Numbered 6,794, entitled: A RESOLUTION 14AKING APPOINTMENTS TO THE CITY SAFETY COMMISSION, THE ADVERTISING AND PROMOTION COMMISSION, THE ECONOMIC OPPORTUNITY AGENCY OF PULASKI COUNTY, AND THE PORT AUTHORITY; AND FOR OTHER PURPOSES; (City Safety Commission: William A. Treadway, III and Charles Joseph Dixon; Advertisin and Promotion Commission: Frank Dussex; EOA: Director A. M. "Sandy" Keith and Director Lottie Shackelford; Port Authority: William L. Cravens.) with said Resolution being read in full and thereafter adopted upon motion of Director ' Benafield, seconded by Director Hubbell, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey,. Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. In conjunction with appointments to Boards and Commissions, Director Hubbell made a motion, seconded by Director Jones, that a Resolution be placed on the May 18, 1982 Agenda providing for nominations to Boards and Commissions two weeks prior to making the official appointments. The motion was unanimously adopted by voice vote of the Board of Directors present. Under Citizen Communications Ms. Sharon Priest of 6621 Chateau, expressed appreciation to the Board of Directors for their efforts and taking the lead in an attempt to get the Drainage Plan prepared by the U. S. Corps of Engineers underway, to eliminate further loss of lives and property damage in the City of Little Rock, caused by heavy rains and flooding. , Ms. Brenda Glover of 7106 Glen Oak Drive, complained about trash collection in the City of Little Rock, and the fact the landfill is not open on Saturday. She suggested that garbage be picked up once a week and that trash be picked up once each week, insteal of two garbage collections each week. City Manager Mahlon Martin advised that if trash 153 MAY 4, 1982, Cont'd. can be compacted in containers and limbs are tied in bundles, they can be picked up I along with garbage pick -ups. He further advised that "we can take a look at opening the landfill on Saturday mornings on a seasonal basis, but we do not have the cap- ' ability to pick up loose trash except once a year at Spring Clean -up Time." Ms. Charlotte Otts of 5101 Mabelvale Pike, stated she was recently asked to be a witness against Officer Walters of the Little Rock Police Force before the City Board of Directors and questioned the decision that was rendered in the case. She was ad- vised that this matter was not before the Board of Directors, but the hearing was held before the Little Rock Civil Service Commission. City Attorney Jack Magruder was requested to meet with Ms. Otts and explain the outcome of the hearing in the Walters Case. I At 9:20 o'clock P. M. a motion was made by Director Jones, seconded by Director Shackelford that the Board of Directors go into Executive Session for the evaluation of City Manager Mahlon Martin. The motion was adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. At 10:20 o'clock P. M., the Board of Directors reconvened from Executive Session with the following members answering roll call: Directors Keith, Benafield, Weeks, i Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - None. The last matter to be considered was Ordinance No. 14,242, containing the following caption: AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE NUMBER 14,174 TO REFLECT THE ANNUA SALARY AND SECTION TWO(A) OF ORDINANCE NUMBER 13,844 TO REFLECT THE AUTOMOBILE ALLOW- ANCE OF THE CITY MANAGER; AND FOR OTHER PURPOSES; (Increase of 5% of the December 1981 salary; increase of car allowance to $550.00 per month.) and after a first reading of the Ordinance, there was a motion by Mayor Bussey, seconded by Director Hubbell, 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 Hubbell and seconded by Mayor Bussey, to again suspend the rules 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. 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 10:30 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, May 18, 1982. 1 ATTEST: pInz AW& APPROVED: (/ City Clerk Mayor vi I Board of Directors Chamber Little Rock, Arkansas May 18, 1982 - 7:30 P.M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Charles Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Benafield, Weeks, Hubbell and Jones - total 4; Absent - Directors Keith and Shackelford - total 2. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. The firstpresentation was the Consent Agenda, including the following items:. (a) The Minutes of the previous meeting held May 4, 1982.. ' (b) A Motion setting the date for public hearing on June 1, 1982 on Zoning Appeal Z -3815, to rezone 111 Beechwood, from "R -3" Single - family to "C -1" Neighborhood Commercial District. (c) The Comparative Statement of Income Account of. the Little Rock Municipal Water Works for the month of March, 1982. ' (d) A Report of Broadmoor Recreational Area Improvement District No. 2, recommending replacements for retiring commissioners. (e) Resolution No. 6,795,.entitled: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. (f) A proposed Resolution containing the following caption: A RESOLUTION CONCERNING DISPOSITION OF COLLECTOR ITEMS AT THE MUSUEM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. (Removed from Agenda - delayed until all Directors are present.) (g) Resolution No. 6,796, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A LAWSUIT FOR AN INJUNCTION AGAINST THE OPERATION OF THE INFANT - TODDLER MONTESSORI SCHOOL AT 5419 KAVANAUGH, WHICH IS IN VIOLATION OF THE ZONING ORDINANCE; AND FOR OTHER PURPOSES. ' (h) Resolution No. 6,797, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PRINT SHOP PAPER, INDUSTRIAL PAPER PRODUCTS, PUBLIC LIABILITY INSURANCE FOR OFFICIALS, ASPHALTIC MATERIALS AND TRACTORS FOR PUBLIC WORKS; AND FOR OTHER PURPOSES. By motion of Director Jones, seconded by Director Hubbell, 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) Motion was made to set the date for public hearing on June 1, 1982, to rezone 111 Beechwood; (c) The Comparative Statement of the Little Rock Municipal Water Works was received and filed; (d) The Report of the Broadmoor Recreational•Area Improvement District No. 2 was received and filed; (e) Resolution No. 6,795 was read in full and adopted by the following roll call vote: Ayes Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes = None; Absent - Directors Keith and Shackelford - total 2; (f) Resolution was removed from Agenda and delayed; and (g & h) Resolutions No. 6,796 and 6,797 were �� II 11 11 55. May 18, 1982, Cont'd. read.in full and adopted by the following roll call vote: Ayes - Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. ' A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE JOHN BARROW ADDITION AMENDING F CITY F LE ROCK ARKANSAS; AND FOR SECTION 43 OF THE CODE OF ORDINANCES 0 THE C T O LITTLE , OTHER PURPOSES; (Appeal Z -3579 - Lots 4, 9 & 10, Block 150, John Barrow Addition, from-"R-3" Single - family to "C -1" Neighborhood Commercial District.) and the Ordinance was read the second time, having been read the first time on May 5, 1981. (Opposition was presented at that time and the proposed Ordinance was , tabled for three months, pending presentation of the John Barrow District Plan.) Ms. Susan Kelly representing the applicant, Mr. Van G. Melson, presented the proposed plan for commercial zoning and the construction of a neighborhood shopping area. She presented Exhibit A showing Lots 9 & 10 proposed as "C -1 ", and Exhibit B of the Barrow Road concept which includes commercial use for these two lots, with a clear cut-off of commercial zoning at Lots 9 and 10. Upon question by members of I ' the Board, Ms. Kelly advised the request for commercial zoning on Lot 4 has been removed, and that her client is only asking that Lots 9 and 10 be rezoned commercial. Upon question by Vice Mayor Jones on "how we stop the continuation of commercial zoning to the south, Ms. Kelley responded, "we have worked with the owner of Lots 11 and 12, and he has applied for a conditional use permit which has been granted, and is a step -down from commercial to duplex zoning." Upon question by Director Benafield, Mr. Nathaniel Griffin, Director of Comprehensive Planning, advised that Staff does recommend commercial zoning on Lots 9 and 10 which is consistent with the plan. Upon question by Director Hubbell, Ms. Kelley advised the applicant is agreeable to the deletion of Lot 4 from the request. A brief discussion was held on needed right -of -way and a motion followed from Vice Mayor Jones, seconded by Director Hubbell, that "the Ordinance be amended deleting Lot 4, and this meeting be recessed to reconvene on Wednesday, May 26, 1982 at the 1:30 P.M. Agenda Session, to consider the third reading of the proposed Ordinance, in order to obtain further ' information on the right -of -way requirements." The motion was adopted by unanimous voice vote of the Board Members present; therefore, the proposed Ordinance, as amended, remained on the calendar for third and final reading. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 3340 -B - From Robert J. Richardson to rezone 12015 Hinson Road, from "0 -2" Office and Institutional to "0 -3" General Office District. Z -3831 - From R. W. Butler to rezone 8400 block New Benton Highway (long legal description), 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. 14,243 as follows) Ordinance No. 14,243 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; `J 15011111 _ May 18, 1982, Cont'd. and after the 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 -elect being five in number and two - thirds or more of the members of the Board of Directors- ' elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hubbell, seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was 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 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 Benafield and Weeks, Mayor Hussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. The Ordinance was then declared PASSED. Zoning Application No. Z- 3194 -A was the next presentation from Brooks Jackson for J. Michael Henderson and Gerald L. Breeding, to rezone Times Square, a Replat of Lot 2, JMH Subdivision to Little Rock, Arkansas (located on Green Mountain Drive just south of Rodney Parham Road), from "PCD" Planned Commercial District to "MF -24" ' Multi - family District, as approved by the Planning Commission. The application had appeared on the tentative agenda as a Conversion Strategy Adjustment, but it was the opinion of City Attorney Jack Magruder that the rezoning change does not fall within the conversion strategy, is properly placed on the Agenda, and the matter was considered as a rezoning application. Upon question by Vice Mayor Jones, Mr. Fred Nielsen, representing the property owners advised the development plan includes 2.87 acres with 64 apartment units to be constructed, which is a little less than "MF -24" Multi - family density. Vice Mayor Jones questioned if the Planning Commission under- stood this to be a conversion. Mr. Nathaniel Griffin, Director of Comprehensive \\ Planning advised that it was the understanding of the Planning Commission, primary the conversion was applicable. There was no further discussion and Ordinance No. 14,244 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY KNOWN AS TIMES SQUARE 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 to provide for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Weeks, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the third and last reading i of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Benafield, Weeks, Mayor Bussey, Director Hubbell - total 4; Noes - Vice Mayor Jones - ' total 1; Absent - Directors Keith and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. 11411 I. 57 May 18, 1982, Cont'd. The following Zoning Application was presented at this time, under the Conversion i Stratagy Adjustment procedure: Z -3822 - From R. Jean Voss to rezone Lot 5, Cox's Subdivision (7223 West 12th ' Street) from "I -2" Light Industrial District to "C -3" General Commercial District. There was no one present to speak against the zoning conversion, and Ordinance No. 14,245 was presented containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7223 WEST 12TH 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 there was a first reading of the Ordinance. A motion was then made by Director Benafield, 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.o£ 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 Benafield 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 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 passage of the Ordinance as follows: Ayes - Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance was next considered, described as: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN RUMMEL ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. The Notice of Filing of Assessment of Benefits was published in the Arkansas Gazette on May 7, 1982. In connection ' with the presentation of the Ordinance, a public hearing was held and when Mayor Bussey declared the hearing open, Mr. John Kooistra, III, Attorney for the Estate of Lester Hurst, advised that his clients own 8.1 acres within the district with four acres of the land under water. He said the executors are distressed at the amount of the annual assessments of $1,124.00 on one tract and $375.00 on the other. He requested that another determination be made of the assessments and only the land above the one hundred year flood plain be assessed. City Attorney Jack Magruder said "if there is a serious question, that it be considered two weeks from tonight." Mr. Willis Townsend, Attorney for the District explained thelasse §sments:� s :, ._c, He stated that he had met with Mr. Kcoistra's clients and explained the procedure to them. He commented that the Board of Directors had appointed three assessors and they have gone over this and applied thirteen or fourteen elements into this assessment of benefits, have done everything they are supposed to, and have applied ' their best judgment in making the assessments. He further explained that under the State Statute, the City Board can go into this just like a court would and decide whether the assessors were fair or unfair, you can equalize it and certify to the assessors what this Board thinks is a fair assessment; or, they can eradicate this J 1581 May 18, 1982, Cont'd. problem to the Chancery Court because if this assessment ordinance is passed, any protestant has thirty days after the publication of this assessment ordinance to file suit in Chancery Court to challenge the fairness of the assessments. The public hearing was declared closed and there was no further discussion and no motion for the , suspension of the rules for the second reading; therefore, the proposed ordinance was left on the calendar for second reading to allow the City Attorney and assessors to look further into the assessments. A Public Hearing had been advertised for this time and place, upon the question of the issuance of Act 9 Industrial Development Revenue Bonds for J. H. Hamlen & Son, Inc. The Public Hearing was declared open by Mayor Bussey, who invited speakers to come forth. Attorney Wilson Jones was present to answer questions by the Board Members, but no one present 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. 14,246 as follows) Ordinance No. 14,246 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 TRUCT 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, ARKANSAS, AS LESSOR AND J. H. HAMLEN & SON, 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; (not to exceed $1,000,000) 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 its second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - ' elect; and a second reading of the Ordinance ensued. There was a motion made by Director Jones, seconded by Director Benafield, 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 Board Members present, being five in number and two - thirds or more 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 Benafield and Weeks', Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None, Absent - Directors Keith and Shackelford - total 2. The Emergency Section contained in Section 9 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Benafield and Weeks, Mayor Hussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. ' �59 11111 1 May 18, 1982, Cont'd. Considered at this time was Ordinance No. 14,247, entitled: AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF TEMPORARY AIRPORT REVENUE BONDS; AUTHORIZING THE REOFFERING FOR PUBLIC SALE OF AIRPORT REVENUE BONDS PREVIOUSLY ' AUTHORIZED; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. ($600,000) i with the Ordinance being read the first time. A motion was then made by Director Benafield, seconded by Director Hubbell, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion by I Director Benafield, seconded by Director Weeks, 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 Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors ' Keith and Shackelford - total 2. The Emergency Section contained in Section 16 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Benafield and, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. Therefore, the Ordinance together with the Emergency Section was declared PASSED. The next presentation was Ordinance No. 14,248, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND FOR COMPLETION OF A MASTER DRAINAGE PLAN; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GARVER AND GARVER, INC. FOR SERVICES FOR THE COMPLETION OF THE MASTER DRAINAGE PLAN UPDATE; AND OTHER PURPOSES. ($300,000) and said Ordinance was read the first time. 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 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 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,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. 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 Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None, Absent - Directors Keith and Shackelford - total 2. Mayor Bussey then announced that the Ordinance had PASSED. Ordinance No. 14,249 was the next presentation, described as: ' AN ORDINANCE APPROPRIATING $80,000 FROM THE GENERAL FUND FOR STUDIES OF THE LITTLE ROCK POLICE AND FIRE DEPARTMENTS; And for other purposes; HI May 18, 1982, Cont'd. 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 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 i 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, 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. 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 result being as follows: Ayes - Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. The Ordinance was declared PASSED. Considered at this time was Ordinance No. 14,250, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE MONTHLY BILLING OF HOUSE, HOLMES AND JEWELL LAW FIRM; AND FOR OTHER PURPOSES; ($10,800.00) , 1 with the said Ordinance being read the first time, followed by 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 unanimsouly 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 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 and 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 Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - ' total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 6,798, described as: A RESOLUTION AUTHORIZING AN EXTENSION UNTIL SEPTEMBER 1, 1982, FOR STREET IMPROVEMENTS ON HINSON LOOP ROAD; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Jones, seconded by Director Hubbell, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Shackelford - total 2. A proposed Resolution authorizing the City Attorney to enter into a Consent Decree in the case of Byron Morse v. City, Pulaski Chancery Case No. 82 -2005, was withdrawn from the official Agenda upon motion by Director Weeks, seconded by Director Jones, and unanimously adopted by the Board Members present. The last Resolution to be considered was No. 6,799, entitled: ' A RESOLUTION REAPPOINTING MEMBERS TO THE OAKLAND- FRATERNAL CEMETERY BOARD AND THE CITY SAFETY COMMISSION; AND FOR OTHER PURPOSES; (Oakland - Fraternal Cemetery - reappoint Charles R. Shelton, Frank Smith & Lillian Thom Safety Commission - reappoint Maury Loket.) psi May 18, 1982, Cont'd. and the Resolution was read in full, A motion then followed by Director Weeks and seconded by Director Hubbell, that the Resolution be adopted. The Resolution was subsequently adopted by the following roll call vote: Ayes - Directors Benafield and Weeks, Mayor Bussey, Directors Hubbell and Jones - total 5; Noes'- None; Absent - Directors Keith and Shackelford -- total 2, Under "J" Citizen Communications, several residents of the Southwest Little Rock Area were present to complain of the requirement that the annexed area now begin to use residential City garbage pickup service. Mrs. Oma Jacovelli was the first to speak, stating that she wants to continue using the private pickup service of Jerry Conrad. She contended that the requirement violates a citizen's freedom of choice. Mr. Jim Garrett's opinion was that the City service does not compare to the service offered by Jerry Conrad and requested that they be allowed to continue use of the private service. Mrs. Lewis Windsor agreed with the other speakers, saying "we are not being afforded proper rights." City Manager Mahlon Martin explained that it would be inefficient and too expensive if the City had to pick up some residents' garbage but not others. He further advised the residents that they can continue to use private haulers, but would be subject to discontinuation ' of water service if they failed to pay garbage fees. There was no further discussion. There being no further business to be presented or to come before the Board of Directors, it was moved by Director Hubbell, seconded by Director Weeks, and unanimously carried that the meeting be recessed at 8:40 o'clock P.M. to reconvene on Wednesday,.May 26, 1982, at 1:30 o'clock P.M. to consider Zoning Appeal Z -3579, which Ordinance waste left on the calendar for third and final reading. ATTEST: <\�2/ �G / APPROVED: ^�4TK v'(/'' G City Clerk Mayor 1 162 7 Board of Directors Chamber Little Rock, Arkansas May 26, 1982 - 2:30 P.M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the May 18, 1982 regular meeting with Mayor Bussey presiding, and Robbie Hancock, Assistant City Clerk and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The first matter to be considered was Ordinance No. 14,251, entitled: 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 OTHER PURPOSES; (Lots 9 and 10, Block 150, John Barrow Addition, from "R -3" Single - family District to "C -1" Neighborhood Commercial District.) and the Ordinance was read the third and final time, having been read the first time on May 5, 1981, (opposition was presented at that time and the proposed Ordinance was ' tabled for three months, pending presentation of the John Barrow District Plan) with the second reading being May 18, 1982, at which time the Ordinance was amended to delete Lot 4 and delayed in order to obtain further information on the right -of -way requirements. Mr. Nathaniel Griffin, Director of Comprehensive Planning, advised that the right -of -way issue had been settled, and there being no further discussion, an Aye and No Vote was taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. The Ordinance was then declared PASSED. The next matter to be considered was a motion by Director Shackelford, seconded by Director Jones, "to set the date for Public Hearing on June 9, 1982 at 1:30 P.M. on the proposed ambulance franchise fee and appropriation ordinance ". A roll call was taken which adopted the motion as follows: Ayes - Directors Keith, Benafield, ' Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Weeks, seconded by Director Jones, and unanimously adopted by the Board Members present, the meeting was adjourned at 2:35 o'clock P.M. to meet again in regular session on Tuesday, June 1, 1982, at 7:30 o'clock P.M. ATTEST: Qa l_ 44a.s4-eea� APPROVED: Assistant City Clerk Mayor fll 11463 Board of Directors Chamber Little Rock, Arkansas — June 1, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Benafield. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held May 18, 1982, and the reconvened meeting held May 26, 1982. (b) The Report of the Little Rock Advertising and Promotion Commission for the period ending December 31, 1981. (c) The 1981 Annual Report of the City of Little Rock, Arkansas Health Facilities Board (Baptist Medical Center). (d) The Municipal Judges Retirement Fund Financial Statement for the years ending December 31, 1981 and 1980. (e) The Firemen's Relief and Pension Fund Financial Statement for the years ending December 31, 1981 and 1980. (f) Policemen's Pension and Relief Fund Financial Statement for the years ending December 31, 1981 and 1980. (g) Resolution No. 6,800, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON A PETITION TO VACATE ALLEY IN BLOCK 12, R. C. BUTLER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (June 15, 1982) By 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 and the reconvened meeting were approved as written and summarized to the Board of Directors; (b) The Report of the Little Rock Advertising and Promotion Commission ending December 31, 1981 was received and filed; (c) The 1981 Annual Report of the City of Little Rock, Arkansas Health Facilities Board (Baptist Medical Center) was received and filed; (d) The Municipal Judges Retirement Fund Financial Statement ending December 31, 1981 was received and filed; (e) The Firemen's Relief and Pension Fund Financial Statement ending December 31, 1981 was received and filed; (f) The Policemen's Pension and Relief Fund Financial Statement ending December 31, 1981 was received and filed; and (g) Resolution No. 6,800 was read in full and adopted by the following roll call vote Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. At this time, Mr. Barry Travis, Executive Director of the Little Rock Advertising ' & Promotion Commission requested the Board of Directors to pass a Resolution renaming eight of the meeting rooms in the State House Convention Center now under construction The rooms are being named for the four territorial governors before Arkansas became a state (Governors James Miller, George Izard, John Pope and William S. Fulton), the 16 JUNE 1, 1982, Cont'd. first female U. S. Senator (Hattie W. Caraway) and the three,Indian tribes that settled this area (Quapaw, Caddo, and Osage). Resolution No. 6,801, which was not on the official Agenda, was presented with the title being: A RESOLUTION RESCINDING THOSE NAMES ADOPTED BY RESOLUTION NUMBER 6,575 FOR THE 1 MEETING AND EXHIBITION AREAS OF THE STATE HOUSE CONVENTION CENTER; ADOPTING NEW NAMES FOR THE MEETING AND EXHIBITION AREAS OF THE STATE HOUSE CONVENTION CENTER; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion then followed by Directo Benafield, seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - .None; Absent - None. A Public Hearing had been set for this time and place on the Zoning Appeal (Z -3815) from Mr. J. D. Bennett to rezone 111 Beechwood in the City of Little Rock, Arkansas, described as Lot 17, Block 8, Elmhurst Addition, from "R -3" Single - family District to "C -1" Neighborhood Commercial District, for an office for a heating and air conditioning dealer. The Public Hearing was then declared open and Mr. John Gill, ' attorney representing Mr. Bennett, was the first speaker. He explained that this property is the remaining lot of a 4 -lot tract, the other 3 lots having been bought by Savers Federal Savings & Loan Association. When Mr. Bennett acquired the property he was under the mistaken impression that it had been approved for commercial use. He moved into the property and began conducting his air conditioning business on the lot, and for four years he has been in that type of operation. Due to a parking complaint, this matter recently came to the attention of the zoning enforcement people and he was told that he would have to get it into compliance or move. He came to City Hall and said he wanted to comply with the zoning law and was told he needed "C -1" Zoning. He made application for "C -1 ", got the Planning Commission hearing, and was told by the Planning Commission that what he really needed was "C'-3 ", not "C -1 ", and he was turned down. Because of what has transpired and because the business has been in operation for four years, Mr. Gill requested that the Board of Directors consider ' making this property a non - conforming use; that is, to rezone it to the "C -3" use and immediately dezone it back, stating that it would certainly be unfair to ask Mr. Bennett to move out of his property where he has been in operation for four years. Mr. Gill then read a letter from Mr. Kevin D. Bay of 204 Beechwood, in support of Mr. Bennett's request. Mrs. Martha Hudson, #2 Talmage Court, spoke in opposition to the zoning request and presented various exhibits supporting her statements. She also presented a number of letters from area residents opposing the zoning request. Mrs. Mae Jackson of 122 North Ash Street, and Mrs. Anne Thompson of 114 Beechwood, both spoke in opposition to the zoning request and asked that the Board of Directors deny the petition for rezoning. There was no further discussion, the public hearing was declared closed, and a proposed ordinance to rezone the property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 111 BEECHWOOD 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" Single - family to "C -3" General Commercial District) and the ordinance was read the first time. A motion then followed by Director Hubbell) II II 65 JUNE 1, 1982, Cont'd. seconded by Director Weeks, that the rules be suspended and the ordinance be placed on second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which there was a subsequent motion from Director Keith, seconded by Director Hubbell, that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was i 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 i the Ordinance received the following response: Ayes - Directors Weeks - total 1; Noes - Director Keith, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5 Abstentions - Director Benafield - total 1; Absent - None. It was announced that the i Ordinance had FAILED. Introduced next was Ordinance No. 14,252, entitled: I AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4000 RODNEY I PARHAM ROAD, (Z -3836) SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER ' PURPOSES; (Property to be used for church related activities in "R -2" District) and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Benafield, that the rules be suspsended and the Ordinance be placed on second reading; with the motion being unanimously adopted by members of t 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, seconded by Director Weeks, 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 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, Benafield, Weeks, Mayor ' Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstentions - Director Jones - total 1; Absent - None. The Ordinance was then declared PASSED. In connection with the foregoing Conditional Use Permit for Christ the King Catholic Church, City Manager Mahloiy Martin asked the Board for clarification regard- ing certain street and drainage imp(ovement requirements on Rodney Parham Road. Assistant City Attorney Sherry Means po ted out that the arrangement was that the City would pay one -half of the costs for th improvements; Systematics, which is across the street from the church, would pay one- fourth of the cost; and Christ the King Church would pay one - fourth of the cost,/but the church wished to wait until the second phase of development to pay its share. However, the City has already paid for the street improvements out of Bond Interes Funds, so the quest i is whether to defe collection of City funds or require payment of funds at the time a bui ing permit is issued for any construction at all, includ' g the parking lot. Therefore, Resolution No. 6,802 was introduced at this time, enti led: A RESOLUTION STATING THE INTENT OF T BOARD OF DIRECTORS IN CONNECTION WITH CONDITIONAL USE PERMIT CASE NUMBER Z -3836 REGARDING PAYMENT BY CHRIST THE KING CHURCH FOR A DRAINAGE IMPROVEMENT PROJECT ON RODNEY PARHAM ROAD; AND FOR OTHER PURPOSES; 16 I JUNE 1, 1982, Cont'd. (requiring payment of $8,731.72 upon obtaining first building permit for any construction at 4000 Rodney Parham Road) and the Resolution was read in full and thereafter adopted by motion of Director Hubbell, seconded by Director Shackelford, and the following roll call vote: Ayes - ' Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Abstentions - Director Jones - total 1; Absent - None. The next matter on the Agenda was a proposed Ordinance, with the title being: AN ORDINANCE ASSESSING BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF SEVERAL LOTS, BLOCKS AND PARCELS OF LAND WITHIM RUMMEL ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS; which Ordinance had been read the first time on May 18, 1982, and left on the calendar for second reading to allow City Attorney and Assessors to consider assessments as. requested by the Estate of Lester Hurst. At this time, Assistant City Attorney Sherry Means explained that a readjustment had been made in the assessment of benefits and not* must be published again and the people who own property in that area will be renotified of the reassessment by the Attorney for the District. A couple of property owners' assessments will be increased and should be renotified. The Attorney for the Improvement District, Mr. Willis Townsend, had asked that this matter be withdrawn ' and placed on the next agenda. Therefore, no action was taken on the proposed Ordinance. The next presentation was Resolution No. 6,803, entitled: A RESOLUTION AUTHORIZING THE CONVEYANCE BY THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN REAL PROPERTY SITUATED IN PULASKI COUNTY, ARKANSAS, TO JOSEPH JR. AND EDNA M. SAVOY; (property at 2518 North Pierce Street owned by Little Rock Municipal Water Works) and there was a full reading of the Resolution with an ensuing motion from Director Keith, seconded by Director Shackelford, for adoption of the Resolution. The Reso- lution was adopted by the following roll call vote: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. Introduced next was Ordinance No. 14,253, with the title being: ' AN ORDINANCE APPROPRIATING $251,000 FROM SALES TAX REVENUE TO BE RECEIVED AFTER JULY 1, 1982, TO BE USED FOR RIVERFRONT PARK; AND FOR OTHER PURPOSES; with the Ordinance being 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 Director Benafield, and unanimously adopted by member of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 reading of the Ordinance by a motion made by Director Hubbell and seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore declared PASSED. The next presentation was Ordinance No. 14,254, entitled: AN ORDINANCE AMENDING CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE 4 ✓ I I iii- Ili 6`7 JUNE 1, 1982, Cont'd. ROCK PERTAINING TO SIGN REGULATION IN THE CITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Benafield, 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 th 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 again made by Director Benafield, seconded by Director Weeks, for a further suspension of the rules to allow for the third and final reading of the Ordi- nance. A roll call was taken on the suspension of the rules with the outcome recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Director Hubbell - total 5; Noes - Director Jones - total 1; Abstentions - Director Shackelford - total Absent - None. With the suspension of the rules having passed, the Ordinance was read the third and final time. At this time, Mr. Gene Levy, architect, addressed the Board and asked the Board to consider making the new ordinance more restrictive, particularly on billboards, rather than less restrictive as it is now drafted. He mentioned.severa issues that need to be addressed: Size of on premise ground mounted signs; spacing of billboards, amortization, and proliferation of billboards. He urged the Board not to pass the new ordinance until the City Attorney has redrafted the ordinance so that it ii more restrictive on the further proliferation of billboards, and is at least as re- strictive on off premise sign sizes as is the existing ordinance. He mentioned three alternatives which should be examined for restructing the further construction of billboards: (1) establish a separate zone for billboards; (2) disallow the construct- ion of billboards in all commercial zones and allow billboards only in heavy commercial district; and (3) none - conforming signs should be amortized and removed after an equit- able amortization period. He concluded by urging the Board to make this ordinance more restrictive on billboards and to be strong yet equitable, on amortization. Mr. Frank Whitbeck stated he was opposed to the unrestricted proliferation of outdoor signs and the signs not being regulated and suggested that the license fee be increase ' to $100 per year so that the City could find competent inspectors to provide competent regulation of this industry and that would tend to do away with the poorly maintained outdoor sign. Mrs. Jo Kimmins, former co- ordinator of Residents for a Strong Sign Ordinance, stated that it was the Board of Directors (at the time of the passage of the original sign ordinance) that took out two provisions - one dealing with billboard and one that allowed trailer signs to remain - that started the weakening of the sign ordinance. She requested the Board to make this a stronger sign ordinance. Director Jones expressed concern about the rush in passing the sign ordinance since the City Beautiful Commission had requested time to review the final draft of the proposed ordinance. She was also concerned at the terrible disregard shown to the plight of business owners who in the past seven years have complied with the requirements of the-sign ordinance and now we are opening up the door. Her third concern was pro- liferation of sig -is. The question of the passage of the Ordinance was then submitted to an Aye and No Vote which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Director Hubbell - total 5; Noes - Directors Shackel- ford and Jones - total 2; Absent - None. Whereupon, the Ordinance was declared PASSED. At this time City Manager Mahlon Martin asked the Board of Directors to consider is l JUNE 1, 1982, Cont'd. an ordinance prohibiting solicitation on or along major or minor arterial streets. He stated that the City has been operating under this procedure since 1976 as stated in the Procedure Guideline, but that from a legal standpoint, it should be made a part of ' Chapter 28 of the Code of Ordinances. Therefore, Ordinance No. 14,255 was presented, entitled: AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK TO ADD A SECTION PROHIBITING SOLICITATION ON OR ALONG MAJOR OR MINOR ARTERIAL STREETS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Benafield, 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 again made by Director Keith, seconded,by Director Weeks, 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 final reading of the Ordinance. At this time, Mr. Don Davis of 3119 Battery Street and Ms. Elena Hanggi of 1314 Cumberland Street, spoke in opposition to the Ordinance. Mr. Davis stated that he was disturbed by the Board trying to strangle non - profit organizations by limiting solicitations in certain areas and that.other organizations should be given a chance to come and speak on the issue: Ms. Hanggi, Chairperson of Pulaski County Executive Board of ACORN, stated that ACORN is quite disturbed that this issue has,been brought up to- night and given a rather hurried and inefficient hearing. This is something-that is going to effect the fund raising efforts of many major organizations in Little Rock, Arkansas. She urged the Board to drop the matter or at least delay it until a full public hearing can be given. An Aye and No Vote was then taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance together with the Emergency Section was declared PASSED. Director Jones stated that in accordance with Board Policy, she was requesting that appointments to various Boards and Commissions be made at the next Board Meeting. There being no further business to be presented or to come before the Board of Directors and upon motion of Director Keith, seconded by Director Weeks, and unanimous adoption by the Board Members present, the meeting was recessed at 9:10 o'clock P. M. to reconvene on Wednesday, June 9, 1982, at 1:30 o'clock P. M. for the Public Hearing on the ambulance franchise fee and appropriation ordinance. ATTEST: APPROVED: Assistant City Clerk Mayor �69 Board of Directors Chamber i Little Rock, Arkansas June 9, 1982 - 1:30 P. M. i The Board of Directors of the City of Little Rock, Arkansas, reconvened from the i i June 1, 1982 regular meeting with Mayor Bussey presiding and Robbie Hancock, Assistant City Clerk, with the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. A Public Hearing had been scheduled and advertised for this time and place on the proposed ambulance franchise fee and appropriation ordinances. Mayor Bussey declared the Public Hearing open and Mr. David Jones, Chairman of the Ambulance Authority and Mr. Ralph Brodie, Attorney for the Ambulance Authority, were present to explain the status of EMS and answer questions by Board Members. Mr. Brodie explained that the $15,000 was needed for interim funding to allow the Ambulance Authority to hire a manager. Board Members were generally agreeable to appropriating the $15,000 if a majority of the Board Members were ready to go forward with the EMS project; however, some had reservations about Section 2 of the proposed appropriation ordinance which affirms commitments to the concepts of medical control, a first respondent program, exclusivity and the two management options to achieve that exclusivity and an interim grandfather period. City Manager Mahlon Martin stated that staff had no problems with the appropriation of funds but asked the Board to delay, action on the amending ordinance and creating the franchise fee. There are points that need to be discussed relating to collection of fees and investment of funds. Upon question by Director Jones, Mr. Brodie explained that the proposed $10.00 franchise fee would be used as follows: $3.00 for medical supervision and control and hiring the medical manager; $2.00 for administrative services; and $5.00 to buy communications equip- ' ment. At Mayor Bussey's request, Ms. Karen Muldrow, the City's liaison for EMS, explained that with the public utility model, there are four basic variables to be talked about in manipulating to come up with the cost: zero subsidy, quality clinical performance, rate structure, and response time. Also, from the beginning, in addition to zero subsidy, the Board wanted an assurance that the system would never convert back to the Fire Department or would never be a system totally run by the City of Little Rock. The discussion concluded with the general agreement by Board Members that no action be taken on either ordinance at this time, but that a work session and public hearing be set and that the Ambulance Authority be given an answer at that time. The public hearing was declared closed. A motion followed from Director Weeks, seconded by Director Jones, that a work session be held at 4:00 P. M. on Tuesday, June 15, 1982, followed by a public hearing at the regular Board Meeting at 7:30 P. M. and that action be taken on the ordinances at that time. The motion was adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. 4 JUNE 1, 1982, Cont'd. There being no further business to be presented, upon motion by Director Weeks, seconded by Director Shackelford, and unanimously adopted by the Board Members present, the meeting was adjourned at 3:05 o'clock P. M. to meet again in , regular session on Tuesday, June 15, 1982 at 7:30 o'clock P. M. ATTEST: APPROVED: Assistant City Clerk Mayor `. • .4 .4 n 1 J, n i iV UnIf 1471 Board of Directors Chamber Little Rock, Arkansas June 15, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. The Invocation was given by Director Weeks. Prior to the Official Board Meeting, a public hearing and work session was scheduled at 7:00 P. M. to consider an ordinance appropriating funds to be used by the Ambulance Authority, and an ordinance amending Ordinance No. 14,062 by adding Section 13 entitled: "Interim period; grandfathered provisions; unlawful operation; and emergency powers and licenses ", all relating to emergency medical services for the ' City of Little Rock. When the public hearing was opened, Mr. David Jones, Chairman of the Ambulance Authority requested that the public hearing be postponed until 1:00 P. M on July 7, 1982, at which time experts from Kansas City, Chicago and Syracuse, New York, can be present to discuss various ways of setting up a city ambulance service. He also further requested that the Board of Directors appropriate $8,600.00 in the Official 7:30 Board Meeting, for use by the Ambulance Authority in the preparation of an ambulance ordinance. Therefore, the public hearing was postponed, and the first matter to be considered at the 7:30 official meeting was Ordinance No. 14,256, with the title being: AN ORDINANCE APPROPRIATING FUNDS TO BE USED BY THE AMBULANCE AUTHORITY DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ($8,600.00) with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, second- ed by Director Jones, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Shackelford and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith,, Benafield, Weeks; Mayor Bussey, Directors 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance together with the Emergency Section was declared PASSED. Ordinance No. 14,257 was the next presentation, described as: i 172 JUNE 15, 1982, Cont'd. AN ORDINANCE GRANTING A FRANCHISE TO MEDIC -VAC DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (for 90 days - expiring September 30, 1982) , I and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Benafield, 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 Ordi- nance at this time, with the motion being made by Director Keith, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, 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 - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and the Emergency Section was declared PASSED. The Consent Agenda was considered at this time which included the following items: (a) Resolution No. 6,804, entitled: A RESOLUTION SETTING A PUBLIC HEARING ON JULY 7, 1982 REGARDING THE ESTABLISHMENT OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF7LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Did not appear on official agenda; added to consent items as requested by Mr. David Jones, Chairman of the Ambulance Authority.) (b) The Minutes of the previous meeting held June 1, 1982 and the reconvened meeting held June 9, 1982. ' (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1982. (d) The 1981 Annual Report of the Little Rock Wastewater Utility. (e) The Report of Commissioners of Water Pipe Line Improvement District No. 136 of Little Rock, Arkansas. (f) Resolution No. 6,805, with the title being: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 6,806, containing the following caption: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR OFFICE SUPPLIES AND MISCELLANEOUS•DRAINAGE IMPROVEMENTS; AND FOR OTHER PURPOSES. (h) Resolution No. 6,807, described as: A RESOLUTION OF APPRECIATION AND COMMENDATION TO RIVERFEST, INC. BOARD, CITY OF LITTLE ROCK, LITTLE ROCK JAYCEES, AND THE JUNIOR LEAGUE OF LITTLE ROCK, AND FOR OTHER PURPOSES. (i) Resolution No. 6,808, entitled: 111473 JUNE 15, 1982, Cont'd. A RESOLUTION APPROVING THE-PLAN OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL; STATING THE INTENT OF THE CITY OF LITTLE ROCK TO PROVIDE FUNDS FOR ITS SHARE OF THE NONFEDERAL COSTS; AND FOR OTHER PURPOSES. (j) Resolution No. 6,809, with the title being: A RESOLUTION COMMENDING MIKE MITCHELL, THOMAS PURIFOY AND THE LITTLE ROCK FOUNDERS LIONS CLUB FOR THEIR RECOMMENDATIONS THAT THE REGATTA BE HELD IN LITTLE ROCK AND FOR THEIR EFFORTS CONTRIBUTING TO THE REGATTA'S SUCCESS; AND FOR OTHER PURPOSES. By motion of Director Jones, seconded by Director Shackelford, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) Resolution No. 6,804 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; (b) The Minutes of the previous and reconvened meetings were approved as written and summarized to the Board of Directors; (c) The Comparative Statement of Income Account of the Little Rock Municip ' Water Works was received and filed; (d) The Annual Report of the Little Rock Waste - water Utility was received and filed; (e) The Report of the Commissioners of Water Pipe Line Improvement District No. 136 was received and filed; and (f, g, h, i and j) Resolutions No. 6,805, 6,806, 6,807, 6,808 and 6,809 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. In conjunction with Resolution No. 6,807 and 6,809, Mayor Bussey presented certificates of appreciation to Mr. Ernie Davis for the Lions Club, Mr. Mike Mitchell, Mr. Thomas Purifoy, and Mrs. Ann R. Lewis, for their efforts in making the regatta and .Riverfest a great success. A large group of property owners from the Otter Creek Subdivision was present in support of a Resolution stating the Board of Directors opposition to a proposed- landfill on Highway No. 5 near Otter Creek. The site would have to be rezoned for use as a landfill. Mr. Jerry Miller, who operates an existing landfill in the area, has ' applied to the State for a permit to open a new one that would be just 70 feet from the nearest house in the Otter Creek Subdivision. Mr. John B. Farmer, a spokesman for the group said, "we want Otter Creek to remain a safe, clean place for our children ", and filed a protest petition with the City Clerk containing some 662 names of objector'. Mr. Vance Martin who lives on Highway No. 5 stated he had endured trash problems from the existing landfill, adding: "I think it would be an injustice to the people of. Otter Creek for this landfill to be put here at this time." The Board of Directors was generally opposed to the proposed landfill and Director Hubbell advised the Otter Creek residents that the Board's Resolution would serve to instruct City Attorney Jack Magruder to take legal action to stop any effort to operate a landfill on the site without the proper zoning. City Manager Mahlon Martin pointed out that 50% of the property is located in the floodway and floodplain; also, a landfill at this location would have an impact on the Fire Department, and he recommended the adoption of the Resolution. There was no further discussion and Resolution No. 6,810 was presented, entitled: A RESOLUTION STATING THE OPPOSITION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK TO A PROPOSED LANDFILL NEAR OTTER CREEK SUBDIVISION; AND FOR OTHER PURPOSES; JUNE 15, 1982, Cont'd. and the Resolution was read in its entirety. A motion was made by Director Keith and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; ' Noes - None; Absent - None. Introduced at this time was Resolution No. 6,811, containing the following heading: A RESOLUTION WAIVING FEES AT THE LITTLE ROCK ZOO AND THE SWIMMING POOLS AT GILLAM PARK, WAR MEMORIAL PARK AND THE EAST LITTLE ROCK COMMUNITY CENTER ON JULY 3 AND 4; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A brief discussion followed in which it was stated that the Community Task Force had requested permission to use free of charge the East Little Rock Community Complex Pool on July 3rd and 4th. Several Directors felt this would be setting a precedent and "opening the door" for requests from other groups. City Manager Mahlon Martin stated that the Resolution should apply to all three pools and the Zoo, in order not to set a precedent. The matter did not appear on the Official Agenda. There was no further discussion and a motion followed from ' Director Hubbell, seconded by Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The following Rezoning Application was presented under the Conversion Strategy Adjustment procedure: Z- 3021 -E - From Attorney Chris Barrier for Riley's, Inc. to rezone Tract C -3 -R described as 3.1 acres on Riley Drive adjacent to Riley's Nursing Home, from "0 -3" General Office to "O -1" Quiet Office District, as approved by the Planning Commission. There was no one present to speak in opposition to the conversion and Ordinance No. 14,258 was presented containing the following heading: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED SOUTHEAST OF THE EASTERN TERMINUS OF RILEY 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; , 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 again made by Director Jones and seconded by Director 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - I total 7; Noes - None; Absent - None. Mayor Bussey then declared the Ordinance had PASSED. The following Zoning.Petitions, as approved by the Planning Commission, were I �j 11�75 JUNE 15, 1982, Cont d. presented at this time: Z- 3021 -D - From Attorney Chris Barrier for Riley's, Inc, to rezone Tracts C -4 -R i and C- 4 -R -OS, described as 4.56 acres east of Riley Drive and south of I -630, from "0-3" General Office District to "R -6" High Rise Apartment District. Z -3838 - From Bek Kaiser for Refurbishers, Inc. to rezone 1315 Kavanaugh Boule- vard, described as Lot 12, Block 9, Midland Hills Addition to the City of Little Rock, from "R -3" Single - family District to "R -5" Urban Residence District. Z- 3839 - From Melton B. Lancaster to rezone 1818 North Taylor Street, described a Lot 21 Block 12, Mountain Park Addition to the City of Little Rock, from "R -2" Single- family District to "C -3" General Commercial District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,259 as follows) Ordinance No. 14,259 was presented with the title being: 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; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Benafield, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Keith and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones -. total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following Zoning Petition next, as approved by the Planning was presented Commission: Z -3840 - From Mark Linde to rezone Lots 18 and 19, Block 1, Midland Hills Addition to the City of Little Rock, Arkansas, from "R -3" Single- family District to "R -4" Two - family District. Mr. Charles R. Smith of 106 Berry Street, presented opposition stating that he represented some ten people in the neighborhood. It was his opinion that the two lots are not suitable for development and the construction of two duplexes would cause further traffic congestion and have an impact on fire pro- tection. Mr. Mark Linde, owner of the two lots provided copies of a page from the Bagley Map showing zoning in the surrounding area. He stated that a minimum of eight off - street parking spaces will be provided for the duplexes. There was no further discussion and Ordinance No. 14,260 was presented, with the title being: AN ORDINANCE RECLASSIFYING LOTS 18 AND 19, BLACK 1, MIDLANb HILLS ADDITION TO 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 said Ordinance was read the first time; after which there was a motion by Director Hubbell, 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 7 174" 111 JUNE 15, 1982, Cont'd. 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 and seconded by Directors Keith and Hubbell, respectively, 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 j recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. I A proposed Ordinance was the next presentation, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 520 NORTH CEDAR 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; (Z -3798) and the proposed Ordinance was read the second time, having been read the first time ' on May 4, 1982 and returned to the Planning Commission for further study. The Planning Commission reconsidered the issue on May 25, 1982, at which time the applicants offered to provide more information about the proposed project, but were told by the Chairman of the Planning Commission that he could see no new information; several objectors were heard, and the Planning Commission affirmed its recommendation for denial. Attor W. P. Hamilton, representing the property owner, Mr. J. M. Collins, presented a map depicting zoning in the surrounding neighborhood as well as a plot plan of the propose project consisting of an eight -unit apartment building. Mr. Hamilton advised that the present structure is an eighty year old house in a deteriorating condition, which has been converted into a four -unit apartment and is non - conforming as to zoning. He reminded that "R -5" zoning allows twelve units although the plan is for only eight units, and urged passage of the Ordinance. He advised the Board of Directors that a' covenant, runnind with the land, will be placed of record which will limit the building' to only eight units. Mr. Bill Rector of 506 North Elm Street, spoke in strong opposi- tion to the project, submitting that the neighborhood is a single- family district. He pointed out the property is investor owned; the Planning Commission denied the re- zoning twice; and, if the property is rezoned, there is no need to have a Planning Commission. He also, explained the current zoning in the surrounding area. A letter of protest from Dr. and Mrs. C. H. Long was filed with the City Clerk. A discussion evolved among Board Members in which Director Weeks questioned City Attorney Jack Magruder, "with reference to a covenant and bill of assurance, is it binding on sub- sequent owners of property when sold ?" Mr. Magruder replied that, "the bill of assur- ance is essentially a contract and certainly the City would not be a party to it it would depend on what the contractual arrangement was between whoever enters into the bill of assurance." Attorney W. P. Hamilton also responded by saying there is a paragraph in that type of bill of assurance that prohibits the amendment of the bill of assurance without the written approval and consent of the Planning Commission -- that ' i is, a covenant running with the land. Mr. Magruder further advised, that from a legal perspective, "there is nothing we can do to require the filing of a bill of assurance, nor is there anything to prohibit one from subsequently going down and removing it, as �j 7 JUNE 15, 1982, Cont'd. I long as one remains the record owner." Again responding to Director Weeks, Mr. i Magruder said the rezoning has nothing to do with the covenant. If the covenant is ' in the deed, or if the bill of assurance is on file at the time the property is convey- ed, the instrument would be binding - - we don't have any control over that if the property is sold ten or fifteen years from now. In response to Director Shackelford's comment about information contained in the Board's packets, Mr. Nathaniel Griffin, Director of Comprehensive Planning, explained the Planning Commission's position was that they had heard the matter before, and that there was no change in the application. After further discussion, a motion followed from Director Keith, seconded by Director Benafield, to suspend the rules and place the Ordinance on third and final reading, with the motion being 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. 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, Benafield and Weeks - total 3; Noes - Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 4; Absent - None. •It was then announced that the Ordinance had.FAILED TO PASS. . Introduced next was a Petition from Mrs. Viola Washburn and the Board of Trustees of Congregation of B'Nai Israel, requesting that a portion of Welch Street between Blocks 33 and 34, and two alleys, all in Masonic Addition to the City of-Little Rock, Arkansas, be vacated and closed, as approved by the Planning Commission. Included wit 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 the plat of Masonic Addition to the City of Little Rock from the Office of the Pulaski County Circuit Clerk. (See Resolution No. 6,812 below, which sets the date of Public Hearing for July 6, 1982 at 7:30 P. M.) Resolution No. 6,812 was presented, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF WELCH STREET BETWEEN BLOCKS 33 AND 34, AND TWO ALLEYS, ALL IN MASONIC ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Shackelford; after which a roll call was taken and the Resolution adopted by the following roll call vote Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Petition from Donald McDonald, et all was presented to vacate and close the East -West Alley between Cedar and Elm Streets in Block 12, R. C. Butler's Addition to the City of Little Rock, Arkansas. The petition had received the approval of the Planning Commission. Attached to the petition was a copy of the plat of R. C. Butler' Addition from the Pulaski County Circuit Clerk, and a letter from American Abstract & Title Company listing the last owners of record to abutting property. A public hearin had been scheduled for this time and place with notice thereof having been duly publisl ' ed on June 7, 1982 and June 14, 1982, as required by law. Mayor Bussey then declared the hearing open and with no one who wished to speak either for or public present against the alley closure, the public hearing was declared closed. (See Ordinance No. 14,261 as- follows) VS JUNE 15, 1982, Cont'd. Presented at this time was Ordinance No. (4,261, described as: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 12, R. C. BUTLER'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 ' 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, with the second reading of the Ordinance following. A subsequent motion was again made by Director Hubbell, seconded by Director Jones, 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. ' Introduced next was Ordinance No. 14,262, entitled: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN RUMMEL ROAD WATER IMPROVEMENT DISTRIC NO. 137 OF LITTLE ROCK, ARKANSAS; the Ordinance was read the first time on May 18, 1982, and after opposition was presented by the Estate of Lester Hurst, it remained on the calendar for second reading to allow the City Attorney and Assessors to consider assessments. On June 1, 1982, the Ordinance was withdrawn from the Agenda due to the need for notifying property owners of readjustment in assessment. Before the Ordinance was read the second time, Mr. Willis Townsend, Attorney for the district explained that the assessment of the Lester Hurst Estate had been readjusted downward which required the reassessment of the whole district. When the district was reassessed, a notice of filing of reassess- ment of benefits was published in the Arkansas Gazette on June 3, 1982, with notices by certified mail with return receipts requested, to all property owners. Mr. Town- ' send requested passage of the Ordinance so the contractor will not have to wait to begin construction. He advised that "when a reassessment is filed, there is no appeal to the Board from then on - the thirty days runs from the date of the reassessment notice and then goes directly to Chancery Court without the Board being asked to con- sider any fairness or anything else." There was no further discussion and the Ordi- nance,was then read the second time. A motion was made by Director Hubbell, seconded by Director Jones, that the rules 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; with the outcome being a third and final 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones —total 7; Noes - None; ' Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 14,263 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR TEMPORARY DRAINAGE CREWS AND FOREMAN AND FOR ONE PERMANENT DRAINAGE INSPECTOR; AND FOR OTHER PURPOSES; ($136,175.00) �j 11�79 JUNE 15, 1982, Cont'd. 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 Hubbell and Jone 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 Shackelford, that the rules be sus- pended 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. There was presented Resolution No. 6,813, containing the following caption: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF INTERSTATE DISTRIBUTING COMPANY PURSUANT TO AN OFFER AND ACCEPTANCE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID INTERSTATE DISTRIBUTING COMPANY AS TO TRACT 0, 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 PURCHASE PRICE; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution; a motion by Director Hubbell, seconded by Director Benafield, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 6,814, entitled: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES; BUILDING CODE BOARD OF APPEALS; LITTLE ROCK HISTORIC DISTRICT COMMISSION; AND THE SEWER COMMITTEE; AND FOR OTHER PURPOSES; (Arkansas Arts Center: Mrs. Philip S. Anderson, Mr. Morris Sheppard Arnold, Dr. Thomas E. Brewer, Mrs. George H. Davis, Mr. Curtis ' L. Finch, Jr., Mr. Henry it Mariani and Mr. Bob J. Nash; Building Code Board of Appeals: Mr. John J. Truemper, Jr. and Mr. Sanford Wilbourn; Little Rock Historic District: Mr. George Worthen and Mr. John Jarrard; Sewer Committee (Wastewater Utility): Mrs. Catherine Hamilton.) 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 - Directors Keith, Benafield, Weeks; Mayor Bussey, Directors 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 and upon motion of Director Hubbell, seconded by Director Keith, and un- animous adoption by the Board.Members present, the meeting was recessed at 9:15 o'clock P. 14. to reconvene on Wednesday, June 30, 1982, at 1:30 o'clock P. M. to consider appointments to the Sign Board of Review. ' ATTEST: ( APPROVED: 07t y lerk Mayor 18II Board of Directors Chamber Little Rock, Arkansas June 30, 1982 - 2:00'P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the June 15, 1982 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk, with the following Directors present:. Directors Keith, Benafield, Weeks, Shackelford. and Hubbell - total 5; Absent - Director Jones - total 1. i Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows. The purpose of the reconvened meeting was to make appointments to the Sign Appeal Board, pursuant to Ordinance No. 14,254, passed June 1, 1982. Mayor Bussey submitted the name of Sharon Denise Calhoun. Bill Matthews'name was submitted by Director Hubbell Benafield; and Director /submitted the name of 0. D. Tucker. A motion followed from Director Weeks, seconded by Director Benafield, that nominations cease. The motion was adopted by unanimous voice vote of the Board Members present and Resolution No. 6,815 was presented, entitled: , A RESOLUTION MAKING APPOINTMENTS TO THE SIGN APPEAL BOARD OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Sharon Denise Calhoun, Bill Matthews and 0. D. Tucker) and after a full reading of the Resolution, there was a motion by Director Weeks that the Resolution be adopted. The motion was seconded by Director Benafield and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. A brief discussion was held regarding the rescheduling of the July 6th regular Board Meeting. A lengthy public hearing on Emergency Medical Services is set for July 7, 1982 and it was suggested that the Board Meeting be rescheduled on July 7th also. A motion was then made by Director Hubbell, seconded by Director Keith, that - the July 6, 1982. regular Board of Directors Meeting be rescheduled for Wednesday, July 7, 1982 at 7:00. o'clock P. M: The motion was, adopted-by the following roll call ' vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. 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 2:15 o'clock P. M., and that the Board of Directors convene again in rescheduled regular session on Wednesday, July 7, 1982 at 7:00 o'clock P. 14. ATTEST: Q/yu_ APPROVED: City Clerk Mayor J II ai Board of Directors Chamber Little Rock, Arkansas July 7, 1982 - 7:00 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in rescheduled regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. As there was a,quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The Invocation was given by Mayor Bussey. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held June 15, 1982 and the reconvened meeting held June 30, 1982. (b) The 1981 Auditors' Report of Metrocentre Improvement District No. 1. (c) The 1981 Annual Report of the City of Little Rock Residential Housing Facilities Board. ' (d) Resolution No. 6,816, described as: A RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR MUNICIPAL PURPOSES; COMMENDING MARTIN AND ROSEMARY BORCHERT FOR THEIR DONATION; AND FOR OTHER PURPOSES. (e) Resolution No. 6,817, entitled: A RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR PARK AND FLOODWAY PURPOSES; COMMENDING ROBERT AND RUTH ITZKOWITZ FOR THEIR DONATION; AND FOR OTHER PURPOSES. (f) Resolution No. 6,818, with the title being: A RESOLUTION ACCEPTING THE DEDICATION OF A LOT FOR PARK PURPOSES; COMMENDING DAVID E. AND MARION K. ROBERTS FOR THEIR DONATION; AND FOR OTHER PURPOSES. (g) Resolution No. 6,819, containing the following caption: ' A RESOLUTION EXTENDING THE ENGINEERING CONTRACTS FOR THE SEVENTH YEAR CDBG STREET AND DRAINAGE IMPROVEMENTS TO INCLUDE THE EIGHTH YEAR CDBG CONSTRUCTION PROJECTS; AND FOR OTHER PURPOSES. (h) Resolution No. 6,820, described as: A RESOLUTION REALLOCATING EXCESS BOND FUNDS FROM THE SCHILLER STREET PROJECT; EXPANDING THE CURRENT CONTRACT FOR IMPROVING MONROE STREET; AND I FOR OTHER PURPOSES. (i) Resolution No. 6,821, entitled: A RESOLUTION AUTHORIZING THE PURCHASE OF APPROXIMATELY 2.66 ACRES LOCATED NEAR THE MABELVALE CUTOFF AND CHICOT ROAD INTERSECTION FOR A FIRE 1 STATION SITE; AND FOR OTHER PURPOSES. (j) Resolution No. 6,822, with the title being: i A RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT WITH HOOPER -BOND 1 FOR SIXTY DAYS ON THE PURCHASE OF THE COMMONWEALTH PROPERTY; AND FOR OTHERI ' PURPOSES. \ By a motion from Director Keith, seconded by Director Weeks, which was adopted by voice vote of the Board Members present, the foregoing items were dispensed with as follows: (a) The Minutes of the previous meeting held June 15, 1982 and the 182 JULY 7, 1982, Cont'd. reconvened meeting held June 30, 1982, were approved as written and summarized; (b & c) The 1981 Auditors' Report of Metrocentre Improvement District No. 1, and the 1981 Annua Report of the Little Rock Residential Housing Facilities Board, were received and filed and (Resolutions No. 6,816, 6,817, 6,818, 6,819, 6,820, 6,821 and 6,822 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 14,264 was considered next, 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; (J. A. Fair School Property - Court Order dated May 17, 1982) 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 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 secon time, resulting in a motion again made 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The Board of Directors scheduled and held a public hearing at 1:00 P. M., July 7, 1982, regarding emergency medical service for the City of Little Rock. Mr. David Jones Chairman of the Ambulance Authority invited Mr. Jack Stout, a Chicago consultant, Mr. George Leonard, an attorney for Kansas City's Ambulance Authority, Mr. Martin Yenawine, operator of an ambulance company with an exclusive franchise in Syracuse, New York, and Chief Tony Meyer, public safety director at Fort Wayne, Indiana, to attend the public ' hearing to discuss and answer questions regarding the public utility concept for emergency medical services. At this time, Mayor Bussey declared that a brief public hearing would be held during the official Board Meeting to give anyone present an opportunity to be heard regarding the proposal. Dr. Marvin Leibovich of the Baptist Medical Center was present and urged the Board of Directors to go forward and adopt the public utility model before the Board. Mr. Jim Phillips, whose client, the Arkansas Medical Transfer Service operates a non - emergency service, transferring patients authorized for transfer by physicians, advised that if this proposal is adopted, his client will be out of business. He appealed to the Board to make a distinction between emergency and non - emergency responders, adding: "what you're talking about is raising non - emergency costs to lower emergency costs, and we think there needs to be competitio in this area." Dr. Stanley Spurgeon and Dr. Steve Golladay, also spoke expressing the need for improved emergency medical services for the citizens of Little Rock. Mr. ' Wayne Roberts, operator of Medic -Vac Ambulance Service endorsed the proposal as a "workable concept ". He further stated that it is about time that "cream skimmers" were forced off the streets. Director Keith made a motion that the public hearing be closed, which was seconded by Director Weeks, and unanimously adopted by the Board �I it A F = JULY 7, 1982, Cont'd. Members present. In a brief discussion among Board Members, Director Benafield suggest I ed that a Resolution be adopted "that we go forward on the recommendations, that we ' adopt the concept that is before us, and that we direct the Staff to draft a 'public utility model' Ordinance." Director Hubbell commented that he wished the record to reflect that "we go forward with the concept, submit it for bids, consider the rates, and at that point the'Board will again examine the whole situation." Director Keith I stated his opposition to the plans, under the public utility model, for Fire Department crews to serve as first responders. There was no further discussion and Resolution i No. 6,823 was presented, entitled: A RESOLUTION ENDORSING THE CONCEPT OF THE PUBLIC UTILITY MODEL OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed by Director Benafield, seconded by Director Jones, that the Resolution be adopted. A roll call I was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - ' total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. The next matter to be considered was the confirmation of the passage and adoption of Ordinance No. 14,257, passed on June 15,. 1982, which granted a franchise to Medic - Vac Ambulance Service to operate in the City of Little Rock, for a period of ninety days. Director Hubbell made a motion that the adoption of Ordinance No. 14,257 be confirmed, which motion was seconded by Director Weeks, and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A proposed Resolution had been placed on the Agenda entitled: "A Resolution Directing Staff to Review and Determine the Impact of Large Vacant Buildings and Facilities on Surrounding Neighborhoods and the City as a Whole; And for Other Purposes." City Manager Mahlon Martin received a request that the proposal be removed from the Agenda, therefore, no action was taken. Ordinance No. 14,265 was the next presentation, entitled: ' AN ORDINANCE AMENDING CHAPTER 43, SECTION 9 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, DELETING THE SCHEDULE OF USES FROM THE CODE OF ORDI- NANCES, AND FOR OTHER PURPOSES; which Ordinance was read the first time. Mr. Nathaniel Griffin, Director of Compre- hensive Planning Explained that when the Zoning Ordinance was written in 1979, the Planning Staff produced a matrix which provided a quick- reference schedule of land uses by zoning district. During the course of making refinements to the specifics of the Ordinance, several changes in use locations were made which were never incorporated into the matrix. The printed version of the Zoning Ordinance continued to offer the matrix, but it was never intended to be codified with the remainder of the Ordinance. This is verified by the fact that the matrix was never given a section identification. It is presently codified as a part of the Planned Unit Development- section of the Code. This Ordinance amendment will have the effect of removing the matrix from the Code of Ordinances, deleting pages 798.74.89 through 798.74.97. The rules were then suspended ' and the Ordinance placed on its second reading by a motion from Director Hubbell, seconded by Director Weeks, 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 18 I JULY Cont subsequent motion from Director Hubbell, again seconded by Director Weeks, that the rules be further suspended and the Ordinance be placed on 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,266, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 304 NORTH SHACKLEFORD ROAD (Z- 3843), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Steve Bonds, agent for James Hathaway; Property to be used for a Veterinary Clinic) and upon 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 received a second by Director Benafield 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 Keith, seconded by Director Weeks, 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 - Director Keith, Benafield, Weeks, Mayor Bussey, Directors 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. 6,812, to hear arguments on the petition from the Board of Trustees of C6ngregatioll B'Nai Israel, to vacate that part of Welch Street which lies between Blocks 33 and 34, Masonic Addition to the'City of Little Rock; that part of the alley'lying South of Block 33, Masonic Addition to the City of Little Rock, extending from the East line of , Block 33, to the East line of Block 34, Masonic Addition to the City of Little Rock; and all the North -South alley through Block 33, Masonic Addition to the City of Little Rock, as approved by the Planning Commission.' Attached to the petition was a letter from Beach Abstract & Guaranty Company certifying to record ownership of all property abutting upon the street and alleys to be closed. Also attached to the petition was a certified copy of the plat of Masonic Addition, on file in the Pulaski County Circuit Clerk's Office. As Notice of Hearing had been duly published on June 22, 1982 and June 29, 1982, as required by Law, Mayor Bussey declared the Public Hearing open. There was no one present to address the issue and the Public Hearing was declared 'closed, with the Ordinance to vacate the above -named street and alleys being placed on first reading. (See Ordinance No. 14,267 as follows) AN ORDINANCE VACATING AND CLOSING A PORTION OF WELCH STREET AND TWO ALLEYS IN THE MASONIC ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;' t and said Ordinance was read the first time; after which there was a motion by Director ' Weeks, seconded by Director Benafield, that the rules, be suspended and the Ordinance b 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 1185 JULY 7, 1982, Cont'd. 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 Ordi- nance at this time, with the motion being made and seconded by Directors Weeks and Benafield, respectively, 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, follow- ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded 'as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,268 was presented, with the title being: AN ORDINANCE REASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE I SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN RIVERDALE LEVEE IMPROVEMENT DISTRICT NO. 134 OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time and there was no one present who wished ' to speak either for or against the reassessment. A motion was then made by Director Keith 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 secon time, resulting in a motion made by Director Hubbell and again 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 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared that the Ordinance had PASSED. ' There was presented Resolution No. 6,824, containing the following caption: A RESOLUTION AWARDING THE ANNUAL CONTRACT FOR VEHICLE INSURANCE FOR CITY VEHICLES; AND FOR OTHER PURPOSES; (Awarded to Baldwin & Meadors - continuation of current policy) and there was a complete reading of the Resolution. Mr. John Evans of the Arkansas Municipal League was present and spoke briefly regarding the Insurance Program offered by the League, and stated that he is not in agreement with the Staff recommendations. Mr. Warren Baldwin of Baldwin & Meadors addressed the Board, with Mr. Jack Murphy, Director of Finance, quoting premiums paid by the City and claims paid the City by Baldwin & Meadors. A motion followed from Director Hubbell that the contract be award- ed to Baldwin & Meadors and the Resolution be adopted accordingly. The motion was seconded by Director Weeks and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, ' Hubbell and Jones - total 7; Noes - None; Absent - None. Director Benafield in voting Aye, that there is to City by insuring stated an apparent savings the re- with the current agency, but added that in the future, the Board could again look at the plan offered by the Arkansas Municipal League. 186 J1 ��i JULY 7, 1982, Cont d. Resolution No. 6,825 was presented, with the title being: A RESOLUTION CHANGING THE NAME OF A DEDICATED RIGHT -OF -WAY IN OTTER CREEK SUB- DIVISION FROM ROCHE COURT TO BJORN BORG COURT; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was then made by Director Weeks that the Resolution be adopted. The motion was seconded by Director Keith, after which a roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - Director Hubbell - total 1; Absent - None. A proposed Ordinance amending Chapter 36, Article 5, of the Code of Ordinances of the City of Little Rock, Arkansas, concerning landscaping of vehicular use areas, had been placed on the Agenda for consideration. However, City Manager Mahlon Martin requested that the proposed Ordinance be tabled for two weeks; therefore, no action was taken. Another proposed Ordinance was placed on the Agenda 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." A request was , made by Mr. Martin that this matter be deferred for two weeks; therefore, no action was taken. The last Resolution to be considered was No. 6,826, containing the following caption: A RESOLUTION APPOINTING MEMBERS TO THE ADVISORY COMMITTEE OF THE URBAN DEVELOPMENT GRANTS (UDAG) PROGRAM; AND FOR OTHER PURPOSES; (Vice Mayor Myra Jones, Webb Hubbell, Bill Rector, Frank Lyon, Jr., Paul Berry, Nathaniel Griffin and Nathaniel Hill) with said Resolution being read in full and thereafter adopted upon motion of Director Benafield, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Under "J" Citizen Communications, Ms. Louise McCumber of the Pulaski County Special School District, speaking for Mr. Tom Harding, Superintendent of the Schools, , suggested that as the City grows the School District and City work and cooperate to- gether by placing fire stations on school campuses, and during the summer months use school grounds for park and public facilities. City Manager Mahlon Martin advised that the City Staff will continue to look at school campuses for fire station sites, but . they have to be placed so they are not too far, or too close together, because of insurance rates and requirements. Two members Of Boy Scout Troop No. 6 were present to observe the meeting and received a welcome from Mayor Bussey. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Benafield, and unanimous adoption by the Board Members present, the meeting was adjourned at 8:00 o'clock P. M. The Board of Directors will convene again in regular session on Tuesday, July 20,'1982, at 7:30 o'clock P. QM. ATTEST: (4 APPROVED: ' City Clerk Mayor i I Board of Directors Chamber Little Rock, Arkansas July 20, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. The Invocation was given by Director Shackelford. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held July 7, 1982. (b) The Comparative Statement of Income Account from the Little Rock Municipal Water Works for the month of May, 1982. ' (c) Resolution No. 6,827, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL PURCHASE OF TIRES AND TUBES; A FORK LIFT TRUCK AND ASPHALT PAVING MACHINE, BOTH FOR THE PUBLIC WORKS DEPARTMENT; AND EXTENDING THE CONTRACT FOR PURCHASE OF TRAFFIC CONTROL EQUIPMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,828, with the title being: A RESOLUTION REJECTING THE OFFER OF MR. MAX DAVIS TO PURCHASE CITY OWNED PROPERTY LOCATED AT 1123 SPRING STREET; AND FOR OTHER PURPOSES. By motion of Director Keith, seconded by Director Hubbell, 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 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) Resolutions No. 6,827 and 6,829 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None, Introduced next was Ordinance No. 14,269, described as: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 43, SECTION 2 -102 -B OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; DEFINING CERTAIN TYPES OF LAND USES; AND FOR OTHER PURPOSES; ` (Regarding Private Schools) with the Ordinance being 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 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 second reading of ' the Ordinance at this time; after which the rules were again suspended to allow for the third and final reading of the Ordinance by a motion again made by Director Hubbell 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. The Ordinance was then read the third and last time, followed by 18 JULY 20, 1982, Cont'd. an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. , Presented at this time was a petition submitted by Attorney Stanley E. Price, for the purpose of constructing a water pipeline distribution system to serve the inhabit- ants thereof, together with the construction of a water pipeline beyond the boundaries of the district, if necessary, to connect the water distribution system of the City of Little Rock, Arkansas; said district located in the vicinity of Fourche Dam Pike. The petition was accompanied by a Certificate of Abstracter from the Beach Abstract & Guaranty Company, which certified to the validity of the signatures contained within the petition, and to an assessed value of $1690.00 of the property described therein. A public hearing scheduled for this time and place, with notice thereof having been duly published on July 5, 1982 and July 12, 1982, was then declared open. As there was no opposition presented, the public hearing was declared closed and the Ordinance creating the requested Improvement District was placed on first reading. (See Ordinance No. 14,270 as follows) ' Ordinance No. 14,270 was presented, containing the following caption: AN ORDINANCE ESTABLISHING LITTLE ROCK MUNICIPAL IMPROVEMENT DISTRICT NO. 138; (Water Pipe Line District) with there being a first reading of the Ordinance. There was a motion at this time from Director Shackelford, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. With the motion having been unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion again made and seconded by Directors Shackelford and Jones, respectively, and un- animously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors- elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordi- nance, which resulted as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. A proposed Ordinance had been placed on the Ordinance 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." Upon request by City Attorney Jack Magruder, the matter was deferred and no action was taken. Resolution No. 6,829 was presented-, with the title being: A RESOLUTION.TO EXTEND THE OPTION REQUIREMENTS ON CITY -OWNED PROPERTY LOCATED AT 400 EAST SECOND STREET; AND FOR OTHER PURPOSES; (H. A. Bowman option extended for a period of one year and the existing conditions and requirements of the original option is extended for a like period of time; and the requirement that said purchaser begin construction on said lands prior to December 5, 1982 is amended to require that such construction shall begin prior to December 5, 1983, the last day of the extended option period.) , and there was a complete reading of the Resolution. Mr. Boyd Bond representing Mr. H. A. Bowman, advised that due to economic conditions, development of the property has not begun. Mr. Bowman had requested that he be allowed to exercise his option to purchase and that the construction requirement be waived. A motion was made by / 1_489 i JULY 20, 1982, Cont'd. i Director Hubbell and seconded by Director Keith, to extend the option and construction requirement for one -year, and that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,830, entitled: A RESOLUTION APPROVING AN EXCHANGE OF CITY -OWNED PROPERTY IN THE PARKWAY PLACE SUBDIVISION FOR A TRACT OF LAND OWNED BY WINROCK HOMES TO BE USED AS A SITE FOR A FUTURE FIRE STATION; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Shackelford, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and I Jones - total 7; Noes - None; Absent - None. At this point in the meeting, Mayor Bussey presented a certificate of appreciation to Mr. Sterling Cockrill for his years of service to the City as a member of the "City Beautiful Commission." ' Resolution No. 6,831 was the last matter to be considered, entitled: A RESOLUTION CALLING ON THE UNITED STATES, THE USSR, AND ALL OTHER NATIONS TO FREEZE PRODUCTION AND DEPLOYMENT OF NUCLEAR WEAPONS AND TO MUTUALLY REDUCE THE SUPPLY OF NUCLEAR WEAPONS; and there was a complete reading of the Resolution. A large group of citizens was present to speak both for and against the Resolution. Mr. Bill Threlkeld, an officer of the Veterans of Foreign Wars organization was the first speaker in opposition. He said nuclear weapons are the only deterrent to an all -out war. Dr. Orman Simmons, also opposing the freeze, stated "the Soviet Union is trying to engender a feeling of fear to make Americans feel like they have to have a freeze to prevent nuclear war." i He further stated, "western intelligence sources believe the Russians are providing funds to support the nuclear freeze movement." Mr. Troy Braswell, a World War II veteran, commented "the freeze idea is Soviet inspired and the United States needs a ' mighty fighting force to maintain its freedom," and that "nuclear bombs are the only threat keeping the Soviet Union from attacking America today." Mr. M. Sutton was the last opponent to speak. It was his opinion that the only beneficiary of a nuclear freeze would,be the Soviet Union, a country he charged has as one of its goals "the eradication of Christianity" and that nuclear weapons keep the Russians from over- running Europe. The first speaker for the nuclear freeze was Dr. William W. Stead, representing the Physicians for Social Responsibility group, saying the only defense against nuclear war is prevention and the logical thing to do is a verifiable freeze. He said past generations have always been assured of having a future but that today "we have to achieve a future or we will not have one." Attorney Vashti Varnado read a prepared statement in which she said SANE, which describes itself as a "citizens organization for a sane world," was supporting the Resolution in an effort to stop the transfer of federal funds from domestic programs to the military. Mrs. Elizabeth ' Workman cited surveys showing many children believe they will die in nuclear war befor they grow up and said the threat of nuclear war is having a devastating effect on children. Rev. John P. Miles, Pastor of St. James Methodist Church was the other supporter of the Resolution. A discussion among Board Members followed in which Director Weeks commended both sides of the issue. He stated his views had not changed 190 JULY 20, 1982, Cont'd. since the Agenda Meeting - that both sides do not want war, but this is not a matter to be addressed by the Board; adding, "I am opposed to war - nuclear or conventional, and my vote will be to oppose." Director Benafield thanked Director Hubbell for the Resolution as rewritten and commended him on the letter he wrote to Board Members regarding the nuclear freeze proposal. He stated it was a Resolution he could vote for Director Keith's opinion was that the Russians couldn't be trusted to abide by the terms of a mutual nuclear freeze. He felt the Board had more pressing business to be concerned about. Director Shackelford disagreed and said, "this is a proper forum for us to share our views with our congressmen." Mayor Bussey concluded the discussion by saying, "I think sincerely that we have the greatest weapon on earth here tonight. I urge you, three times a week, to use your energy and God -given talen to pray. That's the only weapon I see to stop all of this." There was no £drther discussion and a motion followed by Director Shackelford, seconded by Director Hubbell, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as here- in recorded: Ayes - Director Benafield, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Noes - Directors Keith and Weeks - 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 8:20 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, August 3, 1982. ATTEST: A/il:Q APPROVED: City Clerk Mayor li i Board of Directors Chamber Little Rock, Arkansas I August 3, 1982 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Hubbell. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held July 20, 1982. (b) The 1981 Annual Report of the Little Rock Municipal Water Works. (c) Resolution No. 6,832, entitled: A RESOLUTION ACCEPTING BIDS, AND AUTHORIZING.THE CITY MANAGER TO ' AWARD A CONTRACT FOR THE 1982 STREET SLURRY SEAL PROGRAM; AND FOR OTHER PURPOSES. (d) Resolution No. 6,833, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 32, CENTENNIAL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be August 17, 1982) (e) Resolution No. 6,834, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE GROVE STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE, STREETS IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be August 17, 1982) (f) Resolution No. 6,835, containing the following heading: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ' PARK STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE, IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be August 17, 1982) (g) Resolution No. 6,836, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THE i NORTHERN 35 FEET AND SOUTHERN 15 FEET OF LINDSEY ROAD BETWEEN FOURCHE ISLAND LEVEE AND LITTLE ROCK PORT AUTHORITY DOCK FACILITY IN LITTLE ROCK PORT INDUSTRIAL PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be August 17, 1982) (h) A Report from commissioners.of Water Pipe Line Improvement District No. 138 in the vicinity of Fourche Dam Pike. (i) Resolution No. 6,837, with the title being: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN LITTLE ROCK MUNICIPAL IMPROVEMENT DISTRICT NO. 138. (Water Pipe Line District) (j) Resolution No. 6,838, described as: A RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE ANNEXATION OF CERTAIN LANDS. (Hearing date to be September 7, 1982 - Jamison Road and Aldersgate Road Islands) AUGUST 3, 1982, Cont'd. (k) Resolution No. 6,839, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONSTRUCTION CONTRACTS TO RENOVATE THE PUBLIC WORKS MATERIAL YARD ' OPERATIONS BUILDING FOR A COST NOT TO EXCEED $39,000; AND FOR OTHER PURPOSES. (1) Resolution No. 6,840, entitled: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT FOR A CONSOLIDATED PROPERTY INSURANCE PLAN; AND FOR OTHER PURPOSES. (m) Resolution No. 6,841, containing the following heading: A RESOLUTION ESTABLISHING AND MAKING APPOINTMENTS TO A TASK FORCE TO STUDY THE AFFORDABLE HOUSING QUESTION; MAKING REAPPOINTMENTS TO THE PARKING AUTHORITY AND THE HOUSING BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES. (Moved from "I" Appointments to "Consent Agenda ") By motion of Director Keith, seconded by Director Weeks, which was adopted by unanimou voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The ,Minutes of the previous meeting were approved as written and ' summarized to the Board of Directors; (b) The 1981 Annual Report of the Little Rock Municipal Water Works was received and filed; (c, d, e, f & g) Resolutions No. 6,832, 6,833, 6,834, 6,835 and 6,836 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - None; (h), The Report of commissioners of Water Pipe Line Improvement District No. 138 was received. and filed; and (i, j, k, 1 & m) Resolutions No. 6,837, 6,838, 6,839, 6,840 and 6,841 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The following Zoning Petition was presented next, as approved by the Planning Commission: Z- 2245 -A - From Joe White for West Markham Land Company to rezone 11501 West ' Markham Street in the City of Little Rock (long legal description) from "R -5" Urban Residence to "C -3" General Commercial District. The applicant had requested "I -2" Light Industrial District, but received approval from the Planning Commission for "C -3" Zoning. There was no opposition presented to the rezoning of the above - describe property and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,271 as follows) Ordinance No. 14,271 was presented with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE 11,501 BLOCK OF 14EST MARKHAM 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; 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 Hubbell, 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, followed by a subsequent motion again made and seconded by Directors Jones and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received Ir 19403 AUGUST 3, 1982, Cont'd. unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect,.and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Another Zoning Petition was presented at this time, as approved by the Planning Commission on July 13, 1982, as follows: Z- 3812 -A - From J. A. Hathaway for A. B. Hogue, Trustee, to rezone the Northwest Corner of West Markham Street at Natural Resources Drive (long legal description), from "0 -2" Office and Institutional and "C -3" General Commercial Districts to "C -3" General Commercial District. There was no one present to speak in opposition to the rezoning application and Ordinance No. 14,272 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST MARKHAM STREET AND NATURAL RESOURCES DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMEND- ING 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 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 made by Director Jones, seconded by Director 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 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. ' Introduced next was Ordinance No. 14,273, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE NORTH- WEST CORNER WEST MARKHAM AT NATIONAL RESOURCES DRIVE, (Z- 3812 -B), SETTING FORTH CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for coffee shop and 138 room hotel in "0 -2" District) 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; 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 Jones and seconded by Director Hubbell, 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 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, Bena- field, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; 194 AUGUST 3, 1982, Cont'd. Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Considered at this time was Ordinance No. 14,274, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED PARKWAY VILLAGE (Z- 3862), IN THE CITY OF LITTLE ROCK, ARKANSAS, AMEND- ' ING CHAPTER 43, ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF - LITTLE ROCK AND FOR OTHER PURPOSES; (Baptist Medical Systems, Inc. Retirement Village - North of Parkway Place Addition) 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 six in number and two - thirds or more of the members of the Board of Directors - elect. Upon the 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 Hubbell, and adopted by unanimous vote of the members of the Board of Directo elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded ' as herein described: Ayes - Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,275, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT SOUTH OF THE INTERSECTION OF MABELVALE CUTOFF AND WOODBRIDGE, PROPERTY IS TO BE USED FOR CHURCH AND RELATED ACTIVITIES; SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Z -3870 - Light House Baptist Temple) 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 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 and seconded by Directors Jones and Hubbell, respectively, 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 follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Director Hubbell and Jones - total 6; Noes - None; Absent — Director Shackelford - total 1: Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,276 was considered at this time, described as: AN ORDINANCE APPROPRIATING $15,240 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL ' FUND TO BE USED FOR LEGAL FEES TO PAY THE HOUSE, HOLMES & JEWELL LAW FIRM; 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 95 AUGUST 3, 1982, Cont'd. 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 again made by Director Jones and seconded by Director 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance was declared PASSED. Resolution No. 6,842 was the next presentation, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM; AND FOR OTHER PURPOSES; (Approximately $27,856.00) with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 14,277 was introduced, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR EXPERT WITNESS FEES IN THE CASE OF ROBERT HERVEY, ET AL. V. CITY OF LITTLE ROCK, FEDERAL COURT CASE #82 -114; AUTHORIZING THE CITY ATTORNEY TO HIRE EXPERT WITNESSES IN THE HERVEY CASE; AND FOR OTHER PURPOSES; which Ordinance was read the first time. City Attorney Jack Magruder advised the Board i of Directors that three or four witnesses will testify in the case and that he will notify the Board Members the names of persons selected as witnesses. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Keith, seconded by Director Benafield, 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 Weeks, that the rules be further 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 wa 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - ' Director Shackelford - total 1. Mayor Bussey then declared that the Ordinance had PASSED. Consideration was then given to Resolution No. 6,843, with the title being: A RESOLUTION AUTHORIZING.THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LITTLE ROCK ROAD MACHINERY COMPANY FOR REPAIR TO THE LANDFILL DOZER; AND FOR OTHER PURPOSES; (approximate cost $20,624.15) and there was a complete reading of the Resolution, which was subsequently adopted upon motion of Director Keith, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and 1961 AUGUST 3, 1982, Cont'd. Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 14,278 was presented, containing the following title: AN ORDINANCE CONDE14NING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS STRUCTURAL, ;R FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSAP. TO RAZE AND REMOVE SAID BUILDINGS; DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance.. A motion was then made by Director Keith, 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 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 Hubbell, 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 taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor ' Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote:_ Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was then announced by Mayor Bussey that the Ordinance, to- gether with the Emergency Section had PASSED. The following Ordinance No. 14,279, did not appear on the official agenda, but was presented by request of City Manager Mahlon Martin, and contained the following caption: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; (Dr. Roy E. Harrison) ' and the Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading by a motion from Director Benafield, 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 again made by Director Benafield, seconded by Director Weeks, that the rules again be suspended and the ordinance be placed on third and final reading. The motion was adopted by a 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, with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. ' 11497 Iti AUGUST 3, 1982, Cont'd. The last matter to be considered was Ordinance No. 14,280, which did not appear on the official agenda but also, was considered upon the request of City Manager Mahlon Martin, with the title being: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; (William M. Wilson) and said Ordinance was read the first time; after which there was a motion by Director Benafield, seconded by Director Keith, that the rule.s 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 the 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 Benafield, seconded by Director Weeks, and adopted by unanimous vote of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as ' herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was announced that the Ordinance had PASSED. City Manager Mahlon Martin gave a brief summary of the three -week management seminar he attended at Harvard University at Cambridge, Massachusetts. Vice Mayor Jones expressed gratitude to Mrs. Susan Fleming, Assistant to the City Manager, for the efficient manner in which she performed the duties of that office during Mr. Martin's absence. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Keith, seconded by Director Benafield, the meeting was recessed at 7:50 o'clock P. M. to reconvene again on Wednesday, August 11, 1982 i at 1:30 o'clock P. 14. to consider a proposal that an annexation referendum be held as i part of the November 2 General Election. ATTEST: APPROVED: City Clerk Mayor !/ I I 1981 Board of Directors Chamber Little Rock, Arkansas August 11, 1982 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the August 3, 1982 regular meeting with Mayor Bussey presiding and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. With a quorum in attendance, Mayor Bussey declared the Board of Directors in session. Mayor Bussey stated that the purpose of the reconvened meeting was to discuss and consider the annexation of 13.5 square miles to the City of Little Rock. Director Shackelford was enrolled. Ordinance No. 14,281 was then presented, entitled: AN ORDINANCE OF INTENT CALLING FOR A REFERENDUM ON THE ANNEXATION OF APPROXIMATELY 13.5 SQUARE MILES AT THE NOVEMBER 2, 1982 GENERAL ELECTION; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. There was a motion at this time ' from Director Keith, seconded by Director Weeks, to suspend the rules and place the Ordinance on its second reading. With the motion having been unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members ' of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion again made by Directors Keith and Weeks, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. Before the roll call was taken on passage of the Ordinance, a brief discussion ensued in which Vice Mayor Jones advised that county election officials had some concern about holding the referendum as part of the general election. She further added that at some precincts on the City's fringes, there will be three groups of voters - persons voting on the annexation as City residents, persons voting on the annexation as residents of areas proposed for annexation and persons living outside the City, but no in areas proposed for annexation. Mr. Van McClendon of the Planning Staff advised that the Election Commission would like to have sixty days notice prior to the general election, in the event a referendum is called. City Manager Mahlon Martin also reminded the Board-to "keep in mind the impact of additional services, as we go through the budget process." There was no further discussion and a roll call was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At this point, City Manager Mahlon Martin advised that he had received a letter from Dr. Ed Kelly, Superintendent of the Little Rock School District, in which he requested the City to consider funding the school crossing guard program. To fund the program through the end of the year would require approximately $25,000 and would be a one -time appropriation. Director Weeks stated the program is a school function and ' should be funded accordingly. The City provided funds for the program only until the end of the 1981 -82 school year, and at that time, made it clear that the City would no - longer fund the crossing guard program. Director Hubbell was upset with the lack of communication between the School Administration and the City Administration, as the JII 11!�99 AUGUST 11, 1982, Cont'd. I School Board had been informed just before Christmas last year, there would be no further funding after the 1981 -82 school year by the City. Director Keith said the City, this time, should make a loan to the School District and be repaid when the i School District has available funds; and, that the School District be again informed that "the City is out of the crossing guard business." A Resolution, No. 6,844, was then presented, with the title being: A RESOLUTION DIRECTING THE CITY MANAGER TO PREPARE AN ORDINANCE APPROPRIATING $25,000 FOR THE SCHOOL CROSSING GUARD PROGRAM AND STATING THE-INTENT OF THE CITY OF LITTLE ROCK TO NO LONGER PARTICIPATE IN THE SCHOOL CROSSING GUARD PROGRAM; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. City Manager Mahlon Martin presented another request; this one from the Pulaski County Special School District, in which they request that a building permit be issued ' for the construction of an addition to the existing Chicot Elementary School at 11100 Chicot Road, The architects did not know the school is located within the city limits which means the school would need to obtain a conditional -use permit. The process for obtaining the permit presents a time problem because it would delay construction until around September 30th. Resolution No. 6,845 was then presented, described as: A RESOLUTION AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT TO°THE PULASKI COUNTY SCHOOL DISTRICT FOR EXPANSION OF CHICOT ELEMENTARY SCHOOL; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was made-by Director Keith and seconded by Director Weeks, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, I Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. In a brief discussion regarding cable television citizen complaints, Director Keith made a motion, seconded by Director Jones, and unanimously adopted, that a I committee of three Board Members be appointed to meet with Riverside Cable TV to discus the problems. Mayor Bussey then appointed Directors Weeks, Benafield and Hubbell to service on the committee. There being no further business to be presented, it was moved by Director Keith, seconded by Director Weeks, and unanimously carried that the meeting be adjourned at 2:20 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, August 17, 1982: ATTEST: vamt 44/V APPROVED: !� City Clerk Mayor T zo Board of Directors Chamber Little Rock, Arkansas August 17, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City.Clerk, and.the following Directors present: Directors Keith, Benafield, Weeks, Directors 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: The Invocation was given by Vice Mayor Jones. The first item of business was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held August 3, 1982 and the reconvened meeting held August 11, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1982. , (c) Resolution No. 6,846, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, EXTENDING AN INVITATION TO THE INTERNATIONAL INSTITUTE OF MUNICIPA CLERKS TO HOLD THE 1988 ANNUAL CONVENTION IN THE CITY OF LITTLE ROCK, ARKANSAS. (d) The Report of Commissioners of Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, Arkansas. (e) Resolution No. 6,847, with the title being: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONER FOR TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS (Jill Hooper). (f) Resolution No. 6,848, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE, FIXING RATES ' FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF THE CITY OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 6,849, containing the following caption: A RESOLUTION AUTHORIZING THE ISSUANCE OF REPLACEMENT BONDS 7158 AND I #159 FOR ARMSTRONG RUBBER COMPANY INDUSTRIAL DEVELOPMENT GENERAL OBLIGATION BONDS DATES MARCH 1, 1967; AND FOR OTHER PURPOSES. (h) Resolution No. 6,850, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE MARKHAM STREET UNDERDRAIN PROJECT; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Weeks, 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 and reconvened meetings were approv as written and summarized to the mem�ers of the Board of Directors; (b) The Comparativ , Statement of Income Account of the tittle Rock Municipal Water Works was received and filed; (c) Resolution No. 6,846 was read in full and adopted by the following roll cal vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey �- Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; (d) The Report of the J 201 `I AUGUST 17, 1982, Cont'd. Commissioners of Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, Arkansas.wai received and filed; (e, f, g & h) Resolution Nos. 6,847, 6,848, ' 6,849 and 6,850 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None.' I The following Zoning Petitions, as approved by the Planning Commission were presented at this time: Z- 1470 -A - From John L. Burnett for John R. Nesbitt to rezone 10100 Block of West Markham Strelt (long legal description) from "R -2" Single - family District to "0 -3" General Office District. Z -37 4 -A - From Ed Willis Hickory Hill Partnership, to rezone the SW 1/4, SW 1/4 5 Y P> SE 1/4, Section 19, T -2 -N, R -13 -W (10 acres), from "PRD" Development to "R -2" Single- , family District. Z -3841 - From Earl Hilliard to rezone 7315 Asher Avenue (long legal description), from "C -3" General Commercial District to "C -4" Open Display District. Z -3845 - From Brent Tyrell to rezone 8435 New Benton Highway (long legal description), from R -2 11 ' Single - family District to I -2 Light Industrial District. I Z -3850 - From Gary Dean for Ellis & Son Food Brokerage to rezone Lot 5, Block 8, Intercity Addition, from "R -3" Single - family District to "I -2" Light Industrial I District. Z- 3851 - From Paul Stanfield for Arkansas Power & Light Company to rezone the S/E Corner of Alexander and Vimy Ridge Roads (long legal description) from "R -2" Single- family District to "I -2" Light Industrial District. Z -3861 - From Betty J. Yarbrough and Pat Davis to rezone 1909 Hinson Loop Road, from "R -2" Singleifamily District to "0 -3" General Office District. Z -3864 - From Euniceteen Harrison for Sarah Lou Butler, to rezone Lot 7, Home Acres Replat of Tract 8, Little Rock, Pulaski County, Arkansas, located on Young Road, 535 feet west of Geyer Springs Road, from "R -2" Single- family District to "I -2" Light Industrial District. ' As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,2182 as follows) Ordinance No. 14,282 was presented with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AIIENDING SECTION 413 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 realding of the Ordinance, by a motion made by Director Keith, seconded by Director Benafileld, and unanimously adopted by the Board Members present, being seven iii number anld two- thirds or more of the members of the Board of Directors- elect. There was a secondireading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Keith and Benafield, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, 20 1 AUGUST 17, 1982, Cont'd. Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following Zoning Petition was presented next, as approved by the Planning Commission: , Z- 3645 -A - From Attorney Philip E. Kaplan for Charles and Elizabeth Menard, to rezone the S/E Corner of Rodney Parham and Green Mountain Drive, described as Lot 1, JMH Subdivision, from "R -2" Single - family District to "C -1" Neighborhood Commercial District. The applicant had originally requested "C -2" Commercial Zoning. The propert I was developed prior to annexation to the City, and has been denied commercial zoning several times in the past. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that as a practical matter, "C -2" zoning on this property would not make it any less nonconforming than it is at present. The lot is,less than the required five acres, and the buildings do not meet the zoning setback requirements. Mr. Griffin further stated that if commercial zoning is appropriate for this property, then the proper "C -1" Neighborhood Commercial Zoning should be applied. A representative from Mr. Kaplan's office advised that he was out of town, and requested the matter be deferr until he returns. There was no further discussion and an Ordinance to reclassify same , was placed on first reading. (See proposed Ordinance below) A proposed Ordinance was then presented, with the title being: 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; 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 followed. A subsequent motion was made by Director Keith, seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds , or more of the members of the Board of Directors - elect. 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 - None; Noes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - No.ne. Whereupon, the Ordinance FAILED, TO, PASS. The following Zoning Petition was considered at this time, which was sent to the Board.of Directors without recommendation from the Planning Commission: Z -3826 - From Debra L. Carter to rezone Lot A, Burnelle Manor Subdivision (9910 Chicot Road), from "R -2" Single - family District to "O -1" Quiet Office District. Mr. Sam Hilburn, representing the applicant was present and agreed to the dedication of needed right -of -way as indicated by the Planning Staff. There was no further discussio and Ordinance No. 14,283 was presented, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 9910 CHICOT 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 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 0 AUGUST 17, 1982,ICont'd. 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 Keith, 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 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, Benafield, Weeks, Mayor Bussey, i Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Another Zoning Petition was presented, which had received approval by the Planning Commission for "MF -6" Zoning: Z -3844 - From Gerald K. Johnson to rezone the South 410' of Plot "I ", Woodland Heights Subdivision (NE Corner of Fairview & Fairview), from "R -2" Single - family District to "MF -6" Multi - family District. The applicant had originally requested "MF -12" Multi - family Zoning, but the Planning Commission only approved "MF -6 ". Mr. W. P. Hamilton, Attorney for Mr. Johnson, explained the zoning in the surrounding area and requested the Board's approval. Mr. Charles Easley of 11600 Fairview Road, spoke in opposition to the proposal, asking that the property be kept residential instead of an apartment complex. Mr. Nathaniel Griffin, Director of Comprehensive Planning, stated that he could see no real problem with "MF -6" in this location. There was no further discussion and Ordinance No. 14,284 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF FAIRVIEW ROAD AND FAIRVIEW ROAD (WOODLAND HEIGHTS ROAD EXTENDED) IN 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 Hubbell, 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 Shackelford, again seconded by Director Hubbell, to further sus- pend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance after which an Aye and No Vote was I taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z =3846 was the next presentation, to rezone 8400 New Benton I Highway (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District, except the North 100 feet to remain Open Space. The petition ' was approved by the Planning Commission, except the North 250 feet to remain Open Space; however, aimotion was made by Director Hubbell, seconded by Director Weeks to reduce the North 250 feet to the North 100 feet to remain Open Space. The motion was unanimously adopt ied by the Board of Directors present and with no further discussion, 20 AUGUST 17, 1982, Cont'd. Ordinance No. 14,285 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8400 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; with the Ordinance being read the first time. The rules were then suspended to provide I for the second reading of the Ordinance, by a motion made by Director Hubbell, seconde by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordi- nance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. ' The following Zoning Petition was considered at this time and was approved by.the Planning Commission on July 27, 1982: Z -3847 - From Bob Waits for Waits Institutional Foods, Inc. to rezone Lot 10, Block 6, Oakhurst Addition (the S 45' of Lots 7, 8 & 9 were also included in the petition but denied by the Planning Commission), from "R -3" Single - family District to "I -2" Light Industrial District. There was no opposition presented to the proposal and Ordinance No. 14,286 was presented, as follows: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 3111 -3115 MADISON 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 said Ordinance was read the first time; after which there was a motion by Director Hubbell, 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 ' 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 Ordi- nance at this time with the motion being again made by Director Hubbell, 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 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, Benafield,.Weeks, Mayor Bussey, i Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: I Z- 3790 -A - From Carson Harris to rezone Lot 10, Block 12, Centennial Addition, , from "0 -3" General office to "R -5" Urban Residence District. Z -3842 - From Claude and Ida Mae McCuien,'to rezone 3216 1/2 East 10th Street, described as the E 1/2 of Lots 12 & 13, Block 16, Industrial Park Addition, from "I -2' Light Industrial District to "C -3" General Commercial District. p 05 7UGUST , 19 82,ICont'd. 54 - From Joe Bell for H. S. Davis, to rezone property on the East side of Confederate Boulevard at Rock Island Crossing (long legal description), from "I -2" Light Industrial District to "C -4" Open Display District. Z -3859 - From Lonnie Powers of Legal Services of Arkansas, to rezone 615 West Markham Street from "C -4" Open Display District to "C -3" General Commercial District. Z -3865 - From David E. Sullenberger for Berkshire Park Property Owners Assoc- iation, et al, to rezone the Berkshire Park Condominiums (Lot 1, Berkshire Park Addition), from "C 4" Open Display to "R -5" Urban Residence. No one was present to oppose the conversions and with no discussion, an Ordinance to reclassify sale was placed on first reading. (See Ordinance No. 14,287 as follows) Ordinance NI. 14,287 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 Jones, seconded by Diretor 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 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 Jones to again suspend the rules and place the Ordinance on third and final reading; which motion was again 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 I Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,288 was next considered, entitled: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 43, SECTION 2 -102 -B DEFINING CERTAIN TYPES OF LAND USES; CREATING SECTION 4 -102:1 ESTABLISHING A SPECIAL USE PERMIT PROCESS IN THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; (Regarding Day Care Family Homes) 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 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 Keith, seconded by Director Hubbell, to again suspend the rules and place the Ordinal e 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 rime, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Oidinance was declared PASSED. A public hearing had been scheduled by Resolution No. 6,833, and notice thereof Xql 11 AUGUST 17, 1982, Cont'd. duly published on August 9, 1982 and August 16, 1982, on the petition from Dan Proctor et al, to vacate the North -South Alley running through Block 32, Centennial Addition to the City of Little Rock (between 16th, 17th, Summit and Battery Streets), as ' approved by the Planning Commission. Attached to the petition was a copy of the plat of Centennial Addition, and a copy of a letter from American Abstract and Title Compan listing the last owners of record to abutting property. .Mayor Bussey 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 and Ordinance No. 14,289 was presented, entitled: AN ORDINANCE.VACATING AND CLOSING THE ALLEY IN BLOCK 32 CENTENNIAL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by 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 adopted by unanimous vote of the 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; 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the 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 read the third and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. The Petition from the Central Baptist Church,;to vacate and close Grove Street from I -430 east to its termination.at Natural Resources Drive, in Santa Fe Park Addition was presented. The Petition had received the approval of the Planning Commission. A Public Hearing had been set for this time and place.by the adoption of Resolution No. 6,834, with Notice thereof having been duly published on August 9, 1982 ' and August 16, 1982 as required by Law. Mayor Bussey then declared the Public Hearing open and when no one appeared in opposition, the hearing was closed and a proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE VACATING AND CLOSING GROVE STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE, STREETS IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSA ; and the proposed Ordinance was read the first time. Mr. Jim Hathaway representing the petitioner, requested that the Ordinance be left on the calendar in order to provide needed additional time to dispose of a legal matter. Therefore, no further action was taken and the proposed street closure remained on the calendar for second reading. A Petition from the Arkansas.Building Services was presented next, to vacate and close Park Street from I -430 east to its termination at Natural Resources Drive, which had received approval by the Planning Commission. A Public Hearing had been scheduled for this time and place by the adoption of Resolution No. 6,835, with Notice thereof having been duly published on August 9, 1982 and August 16, 1982 as ' required by Law. The Public Hearing was then declared open and with no opposition presented, the hearing was declared closed, and a proposed Ordinance vacating the above -named street was placed on first reading, entitled: 1111207 AUGUST 17, 1982,,Cont'd. AN ORDINANCE VACATING AND CLOSING PARK STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE, IN SANTA b E PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; the with the Ordinance being read the first time. Mr. Jim Hathaway representing petitioner, requested that the Ordinance be left on the calendar in order to provide needed additional time to dispose'of a'legal matter. In compliance with the request, no further action was taken and the proposed Ordinance remained on the calendar for second reading. A Public Hearing had also been scheduled by Resolution No. 6,836, and Notice thereof duly published on August 9, 1982 and August 16, 1982, on the petition from the Little Rock Port Authority to vacate the portion of Lindsey Road in the Little Rock Port Industrial Park, as approved by the Planning Commission. Attached to the petitio was a copy of the plat of the Little Rock Port Industrial Park, and a letter from the Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Bussey 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 declare closed. Ordinance No. 14,290 was presented, containing the following caption: AN ORDINANCE AND CLOSING A PORTION OF LINDSEY ROAD BETWEEN FOURCHE VACATING ISLAND LEVEE AND LITTLE ROCK PORT DOCK FACILITY IN LITTLE ROCK PORT INDUSTRIAL PARK ADDITION TO THE OF LITTLE ROCK, ARKANSAS; CITY and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Hubbell, 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 I Directors- elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hubbell to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Weeks, 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 leading 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, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. It was announced that the Ordinance had PASSED. Vice Mayor / �Director Jones was excused at this point in the meeting. I Presented a It this time was a petition submitted by Sherman Oaks Horizontal Property Regime, for the organization of a Central Business Improvement District, said property described as Block 15, Pope's Addition to the City of I.,ittle Rock, Pulaski County, The petition was accompanied by a Certificate of Abstracte irkansas. from the Little Rock Abstract Company, which certified that the total assessed value of all property described in said Petition is $41,040.00, as shown by the last county assessments, and that said Petition is signed by two - thirds of the owners of the real property, descriibed therein, which is shown by the last deeds to the value of $39,131.22, and that said parties signing the petition represent a majority in assess ed value, of the owners of real property within the proposed district. A public ' hearing scheduled for this time and place, with notice thereof having been duly published on August 2, 1982 and August 9, 1982, was then declared open. As there was no opposition presented, the public hearing was declared closed and the Ordinance creating the requested Improvement District was placed on first reading. (See the III TrF_ 208 AUGUST 17, 1982, Cont'd. proposed Ordinance as follows) A proposed Ordinance was presented, described as: ORDINANCE ESTABLISHING LITTLE ROCK CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3; (Sherman Oaks) ' with said Ordinance being read the first time. Mr. Doug Wood, Attorney for the petitioner requested that the proposed Ordinance be read at three separate meetings; therefore, there was no motion for suspension of the rules and the proposed Ordinance remained on the calendar for second reading. The next presentation was a petition from the B. G. Coney Company requesting the formation of a Little Rock Central Business Improvement District, located on Lot 2, "L.Q." Replat, Block 7.and part of Block 2, Perry Heights Addition to the City of Little Rock, Arkansas, for the purpose of providing funds to assist in the construct- ion, reconstruction, repair, replacement, renovation, or any other restoration or improvement of real and personal property located within the boundaries of the District. Accompanying the petition was a Certificate of Abstracter setting out the total assessed value of the property described within the petition at $12,340.00, as shown on the last County Assessments, and that said Petitions are signed by owners of , real property, as described herein and as shown by the last deeds of record, to the value of $12,340.00, and that said signers represent a majority in assessed vlaue of the owners of real property within the proposed district. As a public hearing on this matter had been designated for this time and place, with notice thereof having been duly published on August 2, 1982 and August 9, 1982, Mayor Bussey therefore, declared the public hearing open and invited all persons in attendance who wished to address the issue to come forward and be heard. There was no one present opposing the formation of the improvement district; however, Mr. Doug Wood, Attorney for the petitioner, requested that the proposed Ordinance and petition establishing the district be withdrawn. Mayor Bussey then declared the public hearing closed, no action was taken and the Ordinance was withdrawn from the agenda. Vice Mayor /Director Jones was re- enrolled. Ordinance No. 14,291 was considered next, entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND APPROPRIAT ' ING FUNDS ALLOCATED FOR THE BOND STREET INTERSECTION IMPROVEMENTS; AND FOR OTHER PURPOSES; (Missour Pacific Railroad and Southern Pavers) and there was a first reading of the Ordinance; after which the rules were suspended to provide for the second reading of the Ordinance at this time, by motion from Director Keith, seconded by Director Weeks. 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 Ordinance was read the second time. A motion was then made for a further suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Director Hubbell, again 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 member of the Board of Directors - elect. Upon the third and last reading of the Ordinance, thl ' question, Shall the Ordinance Pass, was submitted to the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. An announcement was made that the Ordinance had PASSED. 11111209 AUGUST 17, 1982, Cont'd. Director Shackelford was excused. The next presentation was Ordinance No. 14,292, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR PHASE II OF A STUDY OF THE LITTLE ROCK FIRE DEPARTMENT AND FOR OTHER PURPOSES; ($16,000) which Ordinance was read the first time. Director Hubbell then made a motion, seconde by Director Jones, that the rules be suspended and the Ordinance be placed on second reading, which motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The ensuing second reading of the Ordinance was followed by a motion for a further suspension of the rules to place the Ordinance on third and final read- ing; with the motion again being made by Director Hubbell, seconded by Director Weeks, 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was therefore, i declared PASSED. Director Shackelford was re- enrolled. A proposed Ordinance was presented, described as: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF SEWER REVENUE PROMISSORY NOTES OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF PAYING A PORTION OF THE COST TO THE CITY OF CONSTRUCTING THE FOURCHE SEWERAGE FACILITIES AND CERTAIN EXTENSIONS, BETTER- ' MENTS AND IMPROVEMENTS IN CONNECTION THEREWITH; AUTHORIZING SALE OF THE NOTES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and there was a first reading of the Ordinance. There was no motion for the suspensio of the rules and the proposed Ordinance remained on the calendar for second reading. ' The next matter to be considered was Ordinance No. 14,293, entitled: AN ORDINANCE AMENDING SECTION 13 -13(b) OF THE CODE OF ORDINANCES TO ALLOW WAIVER OF BOND REQUIREMENT FOR FIRE PROTECTION OUTSIDE CORPORATE LIMITS WHEN A LETTER OF GUARANTEE FOR PAYMENT OF FIRE DEPARTMENT COSTS IS PROVIDED BY THE COMPANY; AND FOR OTHER PURPOSES; with the Ordinance being 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 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 second reading of the Ordinance at this time; after which the rules were again suspended to allow for the third and final reading of the Ordinance by a motion made by Director Shackelford and seconded by Director Weeks, and unanimously adopted by the Board Members present, ' being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was de��g�28 f 20 11111 -1 lilt AUGUST 17, 1982, Cont'd. Ordinance No. 14,294 was the next presentation, described as: AN ORDINANCE APPROPRIATING TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR SUPPORT OF THE SCHOOL ' CROSSING GUARD PROGRAM; STATING THAT THE APPROPRIATION.WILL BE A LOAN TO BE PAID BACK BY DECEMBER 31, 1983; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. There was a motion at this time from; Director Hubbell, seconded by Director Weeks, to suspend the rules and place the Ordinance on its second reading. With the motion having been unanimously adopted by the Board Members present, being 'seven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Hubbell 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 Ordinance was then read the third and last time. Before a roll call was taken on the passage of the Ordinance, a lengthy discussion followed regarding the School Crossing Guard Program. City Manager Mahlon Martin opened the discussion by explaining that a letter from Dr. Ed Kelly, Superin- tendent of the Little Rock Public Schools requested that the Board of Directors re- consider their decision to loan the School District $25,000 for the School Crossing Guard Program, and that the City continue to fund and get back into the program. The Board of Directors last year, agreed that its obligation to the program would end as of May, 1982. Director Weeks stated that in 1981, "this Board excluded the Crossing Guard Program - I'm for making the money available, but only as a loan." Director Hubbell said he was incensed at the School Board for failing to make plans to take over the program this fall and coming to the City Board for money just before school starts. He further added, "by not taking it, the School Board would be putting at risk the children of this City - that's how they've put it to us in the past and that' how we're putting it to them now." Mrs. Jo Kimmins, a teacher in the district asked the Board to "try to go one more mile and reconsider what you are going to do." Mr. Dick Johnson represented the School Board, and said there had been confusion in budget ' ing the Crossing Guard Program this year. He commented that one point that helped the passage of the sales tax was funding for this program; adding, there is a possible moral obligation for the City to continue the School Crossing Guard Program. Vice Mayor /Director Jones who was a member of the sales tax committee, said she did not know what the County promised, but the City had promised a reduction in the garbage collection tax. There was no further discussion and a roll call vote was taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared that the Ordinance to LOAN the $25,000 had PASSED. Consideration was then given to Ordinance No. 14,295, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 14,048; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Re: Elderly Housing Facilities Board) , 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 I 11121t I AUGUST 17, 1982, Cont'd. i seven in number and two - thirds or more of the members of the Board of Directors - elect; I and a second reading of the Ordinance ensued. There was a motion made by Director ' Keith, seconded by Director Benafield, 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 with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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 - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and-Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. At this point in the meeting, Director Keith asked Mr. Bill Davies, Director of ' Public Works, the status of street repairs on University Avenue at Evergreen and "H" Streets, necessitated by a broken water main. Thus far, repairs have not been complete and Mr. Davies said if the Utility cannot make the repairs, the City could have a contractor repair the hole and send the bill to the Utility Company. City Manager Mahlon Martin suggested that the City first, get the Utility Company to make the repairs, and said he would "call them tomorrow." City Manager-Mahlon Martin gave a brief report on his recent trip to Washington, D. C. relative to the U. S. Corps of Engineers Plan for flood control along Fourche and Rock Creeks. He stated that progress has been made in efforts to obtain federal funds, and that William Gianelli, Assistant Army Secretary for Civil Works, has agreed to give the $30,000,000 project a top priority, and to get the plan off his desk and to the Office of Management and Budget within thirty to sixty days. He concluded by saying he felt real good about the meeting which was attended by several of our ' Congressional Representatives. Resolution No. 6,851 was then presented, with the.title being: A RESOLUTION EXPRESSING APPRECIATION TO THE ARKANSAS CONGRESSIONAL REPRESENTATIVES FOR PAST SUPPORT AND CONTINUED STRONG SUPPORT FOR FUNDING OF THE CORPS OF ENGINEERS FLOOD CONTROL PROJECT PLAN VII -A; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Jones, seconded by Director Hubbell, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - .total 7; Noes - None; 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 9:15 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 7, 1982. ATTEST: APPROVED: City Clerk Mayor i1 ':C .. iF is n n iC 7; 9F 9Y n J 21 Board of Directors Chamber Little Rock, Arkansas September 7, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessioll with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Absent Director Shackelford - total 1. It was announced that a quorum was present and the meeting proceeded as herein recorded. The Invocation was given by Director Keith. The first item of business was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held August 17, 1982. (b) Resolution No. 6,852, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR PERMANENT STRIPING OF RODNEY PARHAM ROAD; AND FOR OTHER , PURPOSES. (c) Resolution No. 6,853, with the'title being: A RESOLUTION ACCEPTING THE BEST BID FOR VETERINARY CARE FOR ANIMALS AT THE LITTLE ROCK ZOO; AWARDING A CONTRACT THEREFOR; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE BEST BIDDER; AND FOR OTHER PURPOSES. (d) Resolution No. 6,854, described as: RESOLUTION OF DISSOLUTION OF STREET IMPROVEMENT DISTRICT NO. 624 OF LITTLE ROCK, ARKANSAS. (e) Resolution No. 6,855, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THAT PART OF PERRYVILLE LOOP ROAD ONE BLOCK SOUTH OF STATE HIGHWAY #10 BETWEEN RODNEY PARHAM ROAD AND WOODLAND ROAD. (f) Resolution No. 6,856, entitled: A RESOLUTION AUTHORIZING THE CONVERSION OF GUNPOWDER ROAD IN COLONY ' WEST SUBDIVISION FROM ONE -WAY TRAFFIC PATTERN TO A TWO -WAY TRAFFIC PATTERN; AND FOR OTHER PURPOSES. (g) A Motion to set date for public hearing on October 5, 1982, for Zoning Appeal Z- 3863 -Z -3871 to rezone Lots 1, 2, 12, 3 & 6, Block 3, Perry Heights Addition to the City of Little Rock, from "R -6" High Rise District to "C -3" General Commercial District. 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 were approved as written and summarized to the members of the Board of Directors; (b, c, d, e and f) Resolution Nos. 6,852, 6,853, 6,854, 6,855 and 6,856 were read in full and adopted by the follow- ing roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1; and (g) Motion was made and adopted to set a public hearing on October 5, 1982 on Zoning Appeal Z- 3863 -Z -3871. 7�1 i3 I SEPTEMBER 7, 1982, Cont'd. I At this point, Director Benafield addressed the Mayor and other Board Members I regarding the School Crossing Guard Program and stated: "I have been contacted by concerned mothers and fathers, over the safety of their children who are going to public schools, and are required to cross busy streets and intersections to attend school. They believe that public safety is involved, and for the safety of the children, that professional policemen and policewomen should have the responsibility of supervising school crossing guards during school hours. Even though I did not serve on this Board when an agreement was made between the Little Rock School District and the City Board, I believe the circumstances have changed in that, it's time that we face the responsibility along with the School Board, and work out a compromise that I believe will best serve our community. Our children are our most precious assets and their safety should never be compromised. I would like to recommend to this Board what I believe to be a solution to this problem. I would like to recommend that the Little Rock Police administer and operate this program, and that it be funded by the Little Rock School District. This could be done with an offset against the revenues in lieu of taxes from industrial bonds that the School District will receive. This will enable the City to administer and operate the program for which it is best qualified with- out additional cost. I have received, and you should have received, a letter from School Superintendent Ed Kelly, who agrees with me on this compromise, and will urge the Board of Education to adopt this approach if it is acceptable to the City Board." After a brief discussion, it was agreed to recess this meeting and reconvene at the Agenda Meeting on Wednesday, September 15, 1982, at 1:30 P. M. to consider Director Benafield's proposal. Zoning Petition No. Z- 3754 -C was presented next and filed by Clint Boshears, for the establishment of a "Planned Residential Development" for the Hickory Creek Condo- miniums located on 54.57 acres on the South Side of Hinson Road. The application received the approval of the Planning Commission on August 10, 1982. There was no opposition presented to the proposal and Ordinance No. 14,296 was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR RE- ESTABLISH- MENT OF A PRD DISTRICT TITLED HICKORY CREEK CONDOMINIUMS (Z- 3754 -C) IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING CHAPTER 43 ARTICLE VI, SECTION 6 -101 OF THE CITY OF LITTLE ROCK 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 Hubbell, 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, followed by a subsequent motion again made and seconded by Directors Hubbell and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Introduced at this time was Ordinance No. 14,297, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1201 KAVANAUGH (Z- 3882), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property described as Part of Lots 9 & 10, Block 9, Midland Hills Addition; said property to be used as a duplex, in "R -3" District; Approved by Planning Commission) 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 Y 21 I III SEPTEMBER 7, 1982, Cont'd. 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 Hubbell, 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackel- ford - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,298 was the next presentation, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT SECOND STREET AT WALNUT (Z- 3858), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property described as Lots 1, 2, 3, 4, 8, 9, 10, 11 & 12, Block 29, Town of Mabelvale; , For construction of multi - purpose building for church activities at Mabelvale United Methodist Church; Approved by Planning Commission) and there was a first reading of the Ordinance. A motion followed from Director Hubbel , 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 Jones and seconded by Director Hubbell, 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, Benafield, Weeks, , Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was then announced that the Ordinance had PASSED. A Proposed Ordinance was then presented, entitled: AN ORDINANCE VACATING AND CLOSING GROVE STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE STREETS, IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the proposed Ordinance was read the second time, having been read the first time on August 17, 1982. 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 final read- ing on September 21, 1982. Another Proposed Ordinance was presented, described as: AN ORDINANCE VACATING AND CLOSING PARK STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE, IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the proposed Ordinance being read the second time, having been read the first time on August 17, 1982. There was no motion for the suspension of the rules to provid for the third and final reading therefore, the proposed Ordinance remained on the calendar for final reading on September 21, 1982. A Proposed Ordinance was placed on the Agenda with the title being: �15 SEPTEMBER 7, 1982, Cont'd. ORDINANCE ESTABLISHING LITTLE ROCK CENTRAL IMPROVEMENT DISTRICT NO. (Sherman Oaks) The proposed Ordinance was read the first time on August 17, 1982 and remained on the calendar for second reading. Mayor Bussey announced that the proposed Ordinance was to be withdrawn from the-Agenda and no further action was taken at this time. Introduced at this time was Ordinance No. 14,299, with the title being: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSION- ERS OF SEWER IMPROVEMENT DISTRICT NO. 145 OF LITTLE ROCK, ARKANSAS; (Dr. Roy Harrison to fill vacancy created by resignation of Ronald C. Tyne - District in vicinity of Bunch Road) with the Ordinance being read the first time; followed by a motion from Director Hubbell 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 subsequent motion again made by Director Hubbell, seconded by Director Jones, 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, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,300, entitled: AN ORDINANCE CONFIRMING THE REASSESSMENT OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL 'BLOCKS, LOTS AND PARCELS OF LAND WITHIN METROCENTRE II:PROVE11ENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance.being read the first time, followed by an announcement by Mayor ' Bussey that "this is the time and place for persons wishing to speak either for or against the reassessment to come forward and be heard.." There being no response to the announcement, a motion followed from Director Keith, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motio was adopted by unanimous vote of the members of the Board of Director's 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 again being made by Directors Keith, seconded by Director Weeks, 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 recorde as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey,and Director ' Jones - total 5; Noes - None; Abstaining - Director Hubbell - total 1; Absent. - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. 21� i SEPTEMBER 7, 1982, Cont'd. Ordinance No..14,301 was presented next, containing the following caption: 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 LITTLE ROCK MUNICIPAL IMPROVE- ' MENT DISTRICT NO. 138; (Water Pipe Line Improvement District No. 138 containing 37.5231 Acres at Fourche Dam Pike & East Belt Freeway) and there was a first reading of the Ordinance. Director Hubbell made a motion, 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 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 Hubbell to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Benafield, 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, Bena- field, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. A public hearing was held as scheduled for this time on the proposed annexation of Jamison Road and Aldersgate Road Islands and zoning.of the unclassified lands to "I -21', "0 -3 ", "MF -18" and "R -2" classifications. Several property owners in the area were present seeking answers to various questions, and Mr. Van McLendon of the Depart- ment of Comprehensive Planning held a brief meeting to answer questions and explain the proposal. After the meeting; Mr. Dallas T. Hudspeth of 5121 Base Line Road, advised that he likes things the way they are and prefers being left outside the City. Mr. M. C. Lavender, Sr. preferred to be heard at the September 21st Board Meeting when the ordinances are presented. Mr. Jim Pollnow of 1310 Aldersgate Road was the other speaker who said he was not opposed, nor was he in favor of it; however, he suggested that the proposed "0 -3" zoning on the Aldersgate Island be expanded eastwardly from the freeway to Aldersgate Road_. Director Hubbell suggested that Mr. Pollnow talk with ' the Staff and Mr. Nathaniel Griffin, Director of Comprehensive Planning for further information. There was no further discussion and Mayor Bussey declared the public hearing closed. Ordinance No. 14,302 was presented, entitled: AN ORDINANCE ANNEXING TO TH9,CITY OF LITTLE ROCK, ARKANSAS, CERTAIN LANDS SITUATE IN PULASKI COUNTY, ARKANSAS, WHICH ARE CONTIGUOUS AND.ADJACENT TO THE CITY OF LITTLE ROCK; AUTHORIZING AND DIRECTING THE SUBMISSION OF THE QUESTION OF -SAID ANNEXATION TO THE QUALIFIED ELECTORS OF THE CITY OF LITTLE ROCK AND THE AREA TO BE ANNEXED AT THE GENERAL ELECTION TO BE HELD NOVEMBER 2, 1982; DIRECTING THE CITY OFFICIALS TO TAKE ANY AND ALL OTHER ACTION NECESSARY TO ACCOMPLISH SAID ANNEXATION: PROVIDING A SCHEDULE OF SERVICES THAT WILL BE EXTENDED TO THE ANNEXED AREA WITHIN THREE (3) YEARS AFTER THE DATE THE ANNEXATION BECOMES FINAL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (12.6 square miles) ' and said Ordinance was read the first time, followed by a motion by Director Keith, seconded by Director Benafield, that the rules be suspended and the Ordinance be place on second reading. The motion was adopted by unanimous vote of the members of the 11 ilk7 SEPTEMBER 7, 1982, Cont'd. 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 Hubbell, 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 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - .Director Shackelford - 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford- total 1. The Ordinance, together with the Emergency Section was then declared PASSED. A public hearing was scheduled for this time and place on fixing rates for services rendered by the Wastewater Utility of the City of Little Rock. Mayor Bussey declared the public hearing open and when no'one appeared to speak either for, or against the proposal, the hearing was declared closed and Ordinance No. 14,303 was presented described as: AN ORDINANCE AMENDING PARTS OF SECTION 1(e), OF ORDINANCE NO. 13,982, APPROVED FEBRUARY 17, 1981, FIXING RATES FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hubbell, 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 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 and seconded by Directors Hubbell and Benafield, respectively, 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 follows: Ayes - Directors Keith, Benafield,.Weeks, Mayor Bussey, Directors Hubbell and 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was announced that the Ordinance, together with the Emergency Section, had PASSED. Ordinance No. 14,304 was the next presentation, with the title being: ' AN ORDINANCE PROVIDING FOR THE ISSUANCE OF SEWER REVENUE PROMISSORY NOTES TO THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF PAYING A PORTION OF THE-COST TO THE CITY OF CONSTRUCTING THE FOURCHE SEWERAGE FACILITIES AND CERTAIN EXTENSIONS, BETTER- MENTS AND IMPROVEMENTS IN CONNECTION THEREWITH; AUTHORIZING SALE OF THE NOTES; PROVID- ING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; A8 SEPTEMBER 7, 1982, Cont'd. with there being a second reading of the Ordinance, after having been read the first time on August 17, 1982. There was a motion from Director Keith, seconded by Director Weeks for the 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency'Section contained in Section 25 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - -total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Mayor Bussey introduced members of the Wastewater Utility Commission who were present, and'Mr. Jerry Gardner, Manager of the Wastewater Utility, gave a brief report ' on the new treatment plant which is now 807 complete. Director Shackelford was enrolled. Considered at this time was Ordinance No. 14,305, described as: AN ORDINANCE APPROVING A CONTRACT BET14EEN THE CITY OF LITTLE ROCK AND THE CITY OF CAMMACK VILLAGE TO ACQUIRE THE SEWAGE COLLECTION SYSTEM OF CAMMACK VILLAGE; DECLARING AN EMERGENCY; and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed o;i;i its second reading by a motion from Director Hubbell, seconded by Director Weeks, 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 again made by Director Jones, seconded by Director Weeks, that the rules be further 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 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 receiv the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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 - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey announced that the Ordinance-," together with the Emergency Section had PASSED. City Manager Mahlon Martin advised Board Members that he had received a request from the Annunciation Greek Orthodox Church for the issuance of a building permit for construction of footings for the foundation of the new Church building at 1100 Napa Valley Drive. He explained that a conditional use permit had been applied for, which ' would permit the Church in "R -3" Single - family zoning, but it would require additional time, and it was the desire of the Church Members to begin construction as soon as possible. Resolution No. 6,857 was then presented, entitled: JI X1.9 SEPTEMBER 7, 1982, Cont'd. A RESOLUTION AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT TO THE ANNUNCIATION GREEK ORTHODOX CHURCH; AND FOR OTHER PURPOSES; ' and the Resolution was read in its entirety. A motion was then made by Director Keith seconded by Director Benafield, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 14,306 was the next presentation, containing the following heading: AN ORDINANCE ACCEPTING THE BEST BID TO FURNISH IMPROVEMENTS TO FORBING ROAD; AWARDING A CONTRACT THEREFOR; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE BEST BIDDER; ALLOCATING AND APPROPRIATING FUNDS FOR SAID IMPROVEMENTS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Hubbell, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for.the third and final reading of the Ordinance at this time by a motion again made and seconded by Directors Hubbell and Jones, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, after which an Aye and No Vote taken on the passage of the Ordinance received.the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None: It was then announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 14,307, described as: AN ORDINANCE APPROPRIATING FUNDS TO PAY INCURRED LEGAL FEES; AUTHORIZING THE PAYMENT OF.SAID FUNDS; AND FOR OTHER PURPOSES; ($27,203.00 to House, Holmes & Jewell) 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 Benafield 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 ensuing second reading of the Ordinance was followed by a motion from Director Jones 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 the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Resolution No. 6,858 was the next matter to be considered, with the title being: ' A RESOLUTION AUTHORIZING EXPANSION OF THE SCOPE OF THE CHICOT /BASELINE ROAD ROADWAY IMPROVEMENT PROJECT, PROJECT NO. 9130; AND FOR OTHER PURPOSES; and said Resolution was read in full, and thereafter adopted upon motion of Director Jones, seconded by Director Shackelford, and by the following roll call vote: 22q SEPTEMBER 7, 1982, Cont'd. I Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A proposed Resolution was presented; entitled: ' A RESOLUTION AUTHORIZING DOYLE O'KELLEY TO ASSIGN HIS RIGHTS UNDER A CERTAIN LEASE BETWEEN DOYLE O'KELLEY AND THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Amusement concessions at War Memorial Park) and there was a full reading of the Resolution. A lengthy discussion ensued with Attorney Joseph Kemp, representing Mr. O'Kelley, as the first speaker. He explained it was Mr. O'Kelley's desire to sell the concessions to Mr. Lloyd Choate of Judsonia. Under a lease agreement, the City, as owner of the park, has the first purchase option In a memorandum to City Manager Mahlon Martin, Mr. Roy Beard, Chief of Code Enforce- ment, advised that an inspection of the amusements and concessions operations at War Memorial Park turned up numerous violations of building and safety codes, including several constituting "very hazardous conditions" in public use areas. Director Weeks noted that location of trailers at the park also violates the Zoning Ordinance; adding ' "the prospective buyer should know what he is getting - - the trailers are subject to removal atlVany time. Director Benafield requested that Mr. Choate furnish a financial statement. After'further discussion, it was agreed to defer vote on the Resolution and recess the meeting until the Agenda Meeting September 15th, at which time the proposal will be further considered. Resolution No. 6,859 was considered next, with the title being: A RESOLUTION REAPPOINTING SETH WARD TO THE AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (Term expiring December 31, 1987) and after a complete reading of the Resolution, there was a motion by Mayor Bussey that the Resolution be adopted. The motion was seconded by.Director Jones and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. ' The last Resolution to be considered was numbered 6,860, containing" the follow- ing caption: A RESOLUTION MAKING APPOINTMENTS TO THE AFFORDABLE HOUSING TASK FORCE; AND FOR OTHER PURPOSES; (Mr. Bill George and Mr. Cliff Giles) and there was a complete reading of the Resolution after which a motion by Mayor Bussey, seconded by Director Benafield, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Vice Mayor /Director Jones gave a brief up -date on the Affordable Housing Task Force Committee, stating the committee is still active and working hard. She said they are taking a second look at the City Codes and are proceedirig into code enforce- ' ment, exploring the possibility of reducing housing costs in this manner. Director Keith commented there is no way to get "trailers" interspersed into single - family housing. Xt SEPTEMBER 7, 1982, Cont-d. Under "J Citizen Communications ", Rhonda Murphy, a member of the Pine Forest I ACORN group, presented a prepared statement in which she requested the Board of Directors to adopt the following guidelines if the Urban Development Action Grant (UDAG) Funds are made available to the City of Little Rock: 1 - Top priority be given to projects which will provide the greatest number of permanent jobs; 2 - The project selected must ensure that at least 75% of all permanent jobs created will be filled by low and moderate income persons from Little Rock; 3 - Any housing to be constructed by UDAG must be made available to low and moderate income persons; 4 - The City will not seek use of CDBG funds in conjunction with use of UDAG funds; 5 - Recapture funds which the City will recover from repayment of Action Grant funds will be used to supplement the CDBG program to provide neighborhood improvements of direct benefit to low and moderate income persons; 6 - That a consumer representative be placed on the UDAG Advisory Committee. Mr. Larry Rogers was the other speaker stating that his organization wants CDBG' funds used in' neighborhoods, and that they do not want CDBG and UDAG monies used downtown. Mayor Bussey then suggested that they attend the Agenda Meeting on September 15th and request that the matter be placed on an Official ' Agenda. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Keith, and unanimously carried that this meeting be recessed at 9:35 o'clock P. M., and that the Board of Directors reconvene on Wednesday, September 15, 1982 at 1:30 o'clock P. M., to consider the,School.Crossing Guard Program and the assignment by Doyle O'Kelley of the concessions at Ware Memorial Park. ATTEST: (L� APPROVED: City Clerk Mayor i (Z 22 Board of Directors Chamber Little Rock, Arkansas September 15, 1982 - 1:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas, reconvened from the September 7, 1982 regular meeting with Vice Mayor Jones presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Keith, Benafield, Weeks, Shackelford and Hubbell - total 5; Absent - Mayor Bussey - total 1. Vice Mayor Jones declared a quorum was present and announced the Board of Directors was in session, stating the purpose of the reconvened meeting was to consider the School Crossing Guard Program and the assignment of the concessions lease in War Memorial Park. A film presentation was made at this time by The Little Rock Founders Lions Club of the Lions Regatta held May 31, 1982 at Murray Park. Mr. Thomas Purifoy was the spokesman, explaining that the Lions Club is committed to continue the Regatta annually, as a major source of funds for the sight conservation projects they support; the major projects being the Arkansas Enterprises for the Blind and the Arkansas Eye , and Kidney Bank. Mr. Purifoy advised that the National Power Boat Association has granted Little Rock July 16th and 17th for the 1983 Race, and requested the Board of Directors to grant Little Rock Founders Lions Club exclusive use of Murray Park from noon July 15th to 7:30 p. m. July 17, 1983 for the purpose of putting on the Lions Regatta. Dr. Jim Fowler of Little Rock, who will become Lions International President in Hawaii in 1983, was introduced. Mayor Bussey was enrolled. There was no further discussion and Resolution No. 6,861 was presented, entitled: A RESOLUTION ENDORSING THE RESERVATION DATE FOR THE ANNUAL LI014S CLUB REGATTA IN JULY, 1983; DIRECTING ALL AGENCIES IN CITY GOVERNMENT TO SUPPORT THE ANNUAL LIONS' CLUB REGATTA; AND FOR OTHER PURPOSES; and said Resolution was read in full, and thereafter adopted upon motion of Director Keith, seconded by Director Shackelford, and by the following roll call vote: Ayes Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next matter to be discussed was the School Crossing Guard Program (See Minute Record A -7, 8 -17 -82 and 9- 7 -82). The Board of Directors last year agreed that its obligation to the program would end as of May, 1982. However, $25,000 was appropriated August 17, 1982 as a loan to the Little Rock School District, to fund the program through 1982, with the loan to be paid back by December 31, 1983. The issue was discussed at length and Director Hubbell noted it was an emotional one and that he was opposed to "trying to reach a long term solution in the heat of the moment whil our children are out there unprotected." Director Benafield made a motion that "the City provide training and administration of the School Crossing Guard Program within the City of Little Rock, provided that the cost of the program be paid by the appro- priate School District being served. The Little Rock School District cost, both the $25,000 loan previously approved for the balance of 1982 and future costs, will be , paid from payments in lieu of taxes on Industrial Development Bond 'Issues." The motion was seconded by Director Hubbell who said, "we should take Director Benafield's motion and vote on it and get the guards out there to protect our children." City Manager 23 SEPTEMBER 15, 1982, Cont'd. Mahlon Martin said the Chief of Police is still opposed to getting back into the Crossing Guard Program, but he was prepared to do so at the Board's direction. Directo Weeks suggested that the City Manager meet with the Police Chief and come back to the Board with a cost estimate. At this point, Director Keith made a motion to amend Director Benafield's motion to include, "that we bring this up at our second Board Meeting in November, in a joint meeting with the School Boards and bring this to rest." The motion received a second from Director Shackelford. After further discussion, Director Jones made a motion, seconded by Director Shackelford, that "the City continue to fund and operate the program through the current semester." A roll call was taken on the motion which received the following response: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Absent - None. With the motion having failed, a subsequent roll call was then taken on Director Keith's motion to amend the original motion by Director Benafield, with the results being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. With the motion receiving unanimous adoption, a roll call was taken on the original motion by Director Benafield, which was also unanimously adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the School Crossing Guard Program is to again be discussed at the November 16, 1982 Board of Directors Meeting. A lengthy discussion was held at this time on the assignment by Doyle O'Kelley, of the amusement concessions in War Memorial Park, to Lloyd Choate of Judsonia, Arkansas. (A proposed Resolution was considered and discussion held on September 7, 1982. See Minute Record No. A -7, 9- 7 -82.) Attorney Joseph C. Kemp, representing Mr. O'Kelley, presented a financial statement of Lloyd Choate showing total asset value of $620,000.00, with total liabilities of $84,000.00. Director Hubbell referred to the numerous violations of building and safety codes, commenting that he wants the violations corrected. Mr. Kemp stated that the responsibilities that are Mr. O'Kelley' will be complied with. (Julius Breckling, Director of Parks and Recreation, in a ' memorandum to City Manager Mahlon Martin, recommended that $30,000 be appropriated for rewiring War Memorial Amusement Park.) Referring to zoning, Mr. Kemp said: "Everyone recognizes the need for twenty -four hour security and the necessity for living and sleeping on the premises." Director Hubbell questioned City Attorney Jack Magruder, "if we endorse this assignment, do we waive code violations ?" He replied: "not in my opinion." Director Weeks pointed out to Mr. Kemp that Roy Beard, Building Official, had recommended immediate disconnection of electricity to six areas, and asked if this would be agreeable to his client. Mr. Kemp answered, "our duties we will perform." Director Hubbell made a motion that the proposed Resolution be amended to state that "assignment of the lease does not waive code violations." The motion was seconded by Director Benafield and adopted unanimously by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. With the amendment having been approve ' Resolution No. 6,862, as amended, was read in full entitled: A RESOLUTION AUTHORIZING DOYLE O'KELLEY TO ASSIGN HIS RIGHTS UNDER A CERTAIN LEASE BETWEEN DOYLE O'KELLEY AND THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Hubbell 22 SEPTEMBER 15, 1982, Cont'd. that the Resolution be adopted. The motion was seconded by Director Benafield and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; ' Noes - None; Absent - None. The last matter to be considered was Ordinance No. 14,308, with the title being: AN ORDINANCE APPROPRIATING THIRTY THOUSAND DOLLARS ($30,000.00) TO CORRECT MUNICIPAL CODE VIOLATIONS AT WAR MEMORIAL CONCESSIONS; 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 Benafield, and 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. There was a second reading of the Ordinance, and a subsequent motion again made by Director Keith, seconded by Director Weeks, 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. There being no further business to be presented, it was moved by Director Shackelford, seconded by Director Jones, and unanimously carried that this meeting be adjourned at 3:15 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 21, 1982. ATTEST. APPROVED: 44/ \City� Clerk Mayor 11�25 Board of Directors Chamber Little Rock, Arkansas September 21, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the-following Directors were present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as here- in recorded. The Invocation was given by Director Benafield. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the previous meeting held September 7, 1982 and the reconvened meeting held September 15, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1982. (c) A'Motion to set the date for public hearing on October 5, 1982 at 7:00 P. M. regarding Community Development Block Grant Performance. (d) Resolution No. 6,863, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL CONTRACT FOR TIRE CHAINS AND FOR COMPUTER DISC DRIVES; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Benafield, 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'and reconvened meetings 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) Motion was made and adopted to hold a public hearing on the Community Development Block Grant Performance; and (d) Resolution No. 6,863 was read ' in full and adopted by the following roll call vote: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. City Manager Mahlon Martin brought to the Board of Directors' attention, the need for emergency repairs of a sewer line situated at the Little Rock Municipal Air- port and requested that an ordinance waiving the requirements of competitive bidding be considered at this time. Director Hubbell made a motion, seconded by Director Benafield, that the ordinance be placed on the agenda for consideration. The motion was unanimously adopted by voice vote and Ordinance No. 14,309 was presented, with the title being: AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR REPAIRS OF A SEWER LINE SITUATED AT THE LITTLE ROCK MUNICIPAL AIRPORT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were "then suspended to provi for the the Ordinance, by by Director Hubbell, e second reading of a motion made seconded by Director Jones, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors elect. There was a second reading of the Ordinance, followed by a subsequent motion 22'" SEPTEMBER 21, 1982, Cont'd. again made and seconded by Directors Hubbell and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received un- animous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading ' of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors_Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 2 of the foregoing Ordinance was then rsad and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was then declared PASSED. The following Zoning Petition was considered at this time, which was approved by the Planning Commission: Z- 3754 -B - From Robert Richardson for Kelton R. Brown, to rezone 9.5 acres, Woodglen Subdivision on Hinson Road (long legal description), from "PRD ".Development , to "R -2" Single - family District. There was no opposition presented to the reclass- ification and Ordinance No. 14,310 was presented, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON HINSON ROAD NORTH OF PEBBLE BEACH PARK IN THE CITY OF LITTLE ROCK, ARKANSAS, AT'1ENDING CHAPTER 43 OF THE CODE OF ORDINANCE 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 Shackelford, seconded by Director Hubbell, 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. 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 Keith, 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. The following Zoning Petitions were presented next, which were approved by the Planning Commission on August 31, 1982: Z -3869 - From A. B. Speights for James M. Coker, to rezone 510 Hardin Road, described as Lots 5 and 12, West Highland Addition (4.667 acres +), from "R -2" Single - family District to "0 -2" Office and Institutional District, with the North and West 50 ft. to be zoned "OS" Open Space District. Z -3875 - From A. C. and Ruby Dean, to rezone 12001 New Benton Highway, (long legal description), from "R -2" Single - family District to "C -3" General Commercial , District. V I 1 SEPTEMBER 21, 1982, Contd. Mrs. Dorothy Stratton of 400 Springwood Drive in Birchwood Subdivision, was present i to oppose the reclassification of 510 Hardin Road (Z- 3869). She addressed the increase drainage problem of further development and the need for a traffic light at Shackelford and Birchwood Roads, to alleviate traffic problems. Director Jones advised Mrs. Stratton the proposed zoning provides for 50 feet of open space on the north and west i sides of the tract, and that "0 -2" Zoning provides for a site plan review. Mr. Joe White of the Ed Smith Engineering Company stated that Birchwood Subdivision does have drainage problems, but the Fausett Development has not effected the problem; adding, "the original drainage plan has not been maintained." Mr. Burton Speights, representing the applicant, responding to a question by Director Keith, stated the traffic to and from the property will be off Hardin Road, and it will be two or three years before the property will be developed. Upon the request of Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning explained the site plan review procedure to the citizens in the neighborhood, advising it will give them an opportunity to have in -put ,at the time the site plan is presented. There was no opposition to Z -3875, and with I ' no further discussion, Ordinance No. 14,311 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 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, secon ed by Director Benafield, 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 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 final read- ing of the CWdinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith,. Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,864 was the next presentation, with the title being: A RESOLUTION AUTHORIZING THE ISSUANCE OF A FOUNDATION PERMIT TO FIRST PENTECOSTAL CHURCH AT THE NORTHWEST CORNER OF I -30 AND DOYLE SPRINGS ROAD; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Jones, seconded by Director Hubbell, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 14,312, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR.PROPERTY LOCATED AT 6110 BATTLE ROAD (Z- 3880), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (New Hope Church of God for addition of Church- related classroom and multi - purpose building) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, 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 22 SEPTEMBER 21, 1982, Cont'd. 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 again made by Director Hubbell, again 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 Boar 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes -.None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. A proposed Ordinance was presented at this time, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5419 KAVANAUGH BOULEVARD (Z- 3302 -B), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for a Montessori Infant Care Facility in an "R -2" District.) with the Ordinance being 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 Keith, 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 at this time, followed by a lengthy discussion on the proposed conditional use permit. Mr. Frank J. Wills, Jr., 1824 North Tyler Street, representing 197 residents of the immediate area spoke in strong opposition. Mr. Wills said.the Forest Heights- Hillcrest Plan represents good planning; that Mr. McMinn wants the school on the lot as a precedent for gaining approval for commercial uses in the area; and, requested the Board to "resist this relentless assault.on the neighborhood boundaries." Mr. Ben McMinn, the applicant, stated the house is surrounded by commercial activities, that his application was amended with a number of conditions the Planning Commission approve which he is happy with. Mr. Nathaniel Griffin, Director of Comprehensive Planning ' explained that he felt a conditional use was a reasonable approach to this zoning issue which has been in the Courts previously. He mentioned several required conditions as paving the alley, parking in the rear and erection of an opaque fence; adding, "we have it all together for a conditional use." Director Hubbell stated he was disturbed with our "own system" that had allowed the school to stay in operation while Mr. McMinn was fighting earlier decisions through the courts. Vice Mayor Jones said she had hoped the conditional use would be a compromise, which would allow the property to revert back to residential use if the school ever went out of business. Director Benafield commented that he needed more time to review the matter. Following the discussion, a motion was made by Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance on third and -final reading. A roll call was taken on the motion to suspend the rules, with the results recorded as follows: Ayes - Mayor Bussey, Directors Hubbell and Jones - total 3; Noes - Directors Keith, Benafield, Weeks and Shackelford - total 4; Absent - None. Therefore, the proposed Ordinance ' remained on the calendar for third and final reading. An application for rezoning from Robert J. Richardson for Solar 2001 Homes, Inc. was the next presentation. The request was for the rezoning of Lots 1A, 2A, 3A, 1B, J 29 SEPTEMBER 21, 1982, Cont'd. 2B and 3B, Tall Timber West, from "R -4" Two - family District to "PRD" Planned Residentia District, as approved by the Planning Commission on September 14, 1982. Mr. Norman Pullen, 10014 Godwin Drive, spoke in opposition stating all of the residents were not informed of the proposed zoning; citing problems with current rentals, the _lowering of property values, and suits that have been filed for violation of covenants. He requested that the planned construction be denied and filed petitions signed by Tall Timber residents. -Mr. Richardson, speaking for the applicant, said-the property is zoned for duplex and this proposal would provide a vehicle to allow people to own land, get single - family use, and not have rentals. There was no further discussion and the proposed Ordinance to approve the Planned Unit Development was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED TALL TIMBER WEST IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,. AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time. A motion then followed by Director Hubbell, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and there was no motion for the suspension of the rules; therefore, the proposed Ordinance remained on the calendar for third and final reading. Two proposed Ordinances were placed on the Official Agenda to vacate and close Grove Street and Park Street, both between I -430 and Natural Resources Drive. The Ordinances were read the first time on August 17, 1982 and the second time on Sept- ember 7, 1982. Mr. Jim Hathaway, representing the applicants, requested the with- drawal of the Ordinances from the Agenda and deferral of the third and final reading. The Ordinances then remained on the calendar for third and final reading. A public hearing had been scheduled by Resolution No. 6,855, and notice thereof duly published on September 14, 1982 and September 21, 1982, on the petition from Christ the King Church, A. Dan Phillips and Charles M. Taylor to vacate and close that part of Perryville Loop Road, one block south of State Highway #10 between Rodney Parham Road and Woodland Road, as approved by the Planning Commission. Attached to the petition was a map showing the portion of the street to be closed, and a copy of a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Bussey 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. 14,313 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THAT PART OF PERRYVILLE LOOP ROAD ONE BLOCK SOUTH OF STATE HIGHWAY #10 BETWEEN RODNEY PARHAM ROAD AND WOODLAND ROAD; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time, followed by 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 adopted by unanimous vote of the 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; 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 23 SEPTEMBER 21, 1982, Cont'd. Keith, 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 time, and , there was an Aye and No Vote taken on the passage of the Ordinance as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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 - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford" Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section, had PASSED. Introduced at this time was Ordinance No. 14,314, described as: AN ORDINANCE CORRECTING LEGAL DESCRIPTION IN ORDINANCE NO. 13,518, WHICH CLOSED OHIO STREET IN BLOCKS 2 AND 3, RIFFEL AND RHOTON'S FOREST PARK HIGHLANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SAID ORDINANCE; 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 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. The ensuing second reading of the Ordinance was followed by a motion from Director Bena- field 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 the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, is recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,315 was the next presentation, containing the following caption: 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 WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; (Vicinity of Heinke, Bunch, Chicot Roads and CRI &P Railroad) with the Ordinance being read the first time. There was no one present to oppose the assessment of benefits and a motion followed by Director Shackelford, seconded by Director Jones, for the suspension of the rules to provide for the second 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Jones and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinanc ensued. The question of passage of the Ordinance was then submitted to an Aye and No ' Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. Mayor Bussey then declared the Ordinance was PASSED. 31 SEPTEMBER 21, 1952, Cont'd. Ordinance No. 14,316 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; (Jamison Road & Aldersgate Road Annexations) with there being a first reading of the Ordinance. Opposition was presented to the Aldersgate annexation with Mrs. Pearl Lavender, 2115 Nichols Road, voicing strong opposition to the annexation and presenting a petition signed by residents of the area, who wish to remain in the County. Mr. Ed Gran who also opposed the proposal commented, "our concern basically,is that this annexation will impact unfavorable on County Government." He urged postponement until the Quorum Court can respond to the impact. Director Shackelford stated that when she votes, it's for making better services avail- able. Mr. Jim Pollnow speaking in favor of the annexation said the City can provide better services than the County and encouraged the Board to "bring this into the City.' A motion then followed from Director Hubbell to suspend the rules and place the Ordi- nance on its second reading. The motion was seconded by Director Jones and unanimous) adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion made by Director Shackelford, seconded by Director Bena- field, 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 member of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance with the outcome being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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 - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; ' Absent - None. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. Considered at this time was Ordinance No. 14,317, with the title being:. AN ORDINANCE ESTABLISHING THE-LAND USE CLASSIFICATION OF 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; (Lands annexed by Ordinance No. 14,316) with the Ordinance being read the first time, followed by a motion from Director Jones that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Hubbell, and 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. There was a second reading of the Ordinance, and a subsequent motion by Director Hubbell, seconded by Director Jones, 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 third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: 1/7 233, II - SEPTEMBER 21, 1982, Cont'd. Ayes - Directors Keith, Benafield, Weeks, Playor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. ' Resolution No. 6,865 was presented, containing the following heading: A RESOLUTION ALLOCATING THIRTEEN THOUSAND DOLLARS ($13,000.00) FROM CETA TITLE VII FUNDS TO BE USED FOR AN AVAILABLE MOTIONS INVENTORY SYSTEM; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion from Director Shackelford, seconded by Director Hubbell, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There was presented Ordinance No. 14,318, with the title being: AN ORDINANCE APPROPRIATING FORTY -NINE THOUSAND, SIX HUNDRED DOLLARS ($49,600.00) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR ACQUISITION OF PROPERTY ALONG ROCK CREEK - FOURCHE BOTTOMS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Benafield, for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director 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. A second reading of the Ordinance followed, with a motion thereafter being made by Director Hubbell, seconded by Director Benafield, 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, Benafield, Weeks, Mayor Bus'sey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. An announcement was made that the Ordinance had PASSED. A proposed Ordinance.was the next presentation, entitled: AN ORDINANCE APPROPRIATING SIXTEEN THOUSAND SEVEN HUNDRED TWENTY -EIGHT DOLLARS , ($16,728.00) FOR LEGAL FEES IN THE CASE OF LEROY SHAVERS, -AND GEORGE RALPH SHAVERS, et al. v. THE CITY OF LITTLE ROCK, ARKANSAS, et al.; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time. There was no motion for the suspension of the rules and the Ordinance remained on the calendar for second reading on October 5, 1982. Ordinance No. 14,319 was the next presentation, described as: AN ORDINANCE APPROPRIATING TWO THOUSAND DOLLARS ($2,000.00) TO BE USED FOR MEMBER- SHIP IN CENTRAL ARKANSAS PLANNING AND DEVELOPMENT DISTRICT; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Benafield, 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 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 seven in number and two- thirds or more of the i 11111233 i SEPTEMBER 21, 1982, Cont'd. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Considered at this time was Ordinance No. 14,320, containing the following heading: 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 NECESSA TO RAZE AND REMOVE SAID BUILDINGS; DECLARE A14 EMERGENCY.; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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 Hubbell to again suspend the.rules and place the Ordinance on third and final reading, which motion 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. 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, Benafield, Weeks, Mayor Bussey, Directors 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— Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. The last Ordinance to be considered was No. 14,321, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 14,254 OF THE CITY OF LITTLE ROCK PERTAINING TO SIGN REGULATIONS IN THE CITY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A discussion was held during which Director Hubbell made a motion to amend Sections 9(1), 10(1) and 11(1) to read: "Wall or mansard signs not to exceed ten percent (10 %) in aggregate sign area for that occupancy's facade area." The motion was seconded by Director Benafield and adopted by unanimous voice vote of the Board of Directors present. In further discussion, Director Hubbell made a subsequent motion to amend Section 7 as follows: "Political signs shall not be erected more than sixty (60) days prior to election or referendum date, and must be removed within ten (10) days following the election. Political signs may be placed only on private property and only with permission of the property owners. Under no condition will any political signs be allowed in the public right -of -way nor will they interfere with safe sighting distance." The motion was seconded by Director Shackelford and was unanimously adopted by voice vote of the members of the Board of Directors present. A motion then followed from Director Keith, seconded by Director Benafield, 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 2 SEPTEMBER 21, 1982, Cont'd. members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hubbell to suspend the rules and place the Ordinance, as amended, 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared the Ordinance, as amended, PASSED. City Manager Mahlon Martin brought to the Board's attention, a request he had received from George Isaac Bone for a permit to drive a taxicab. He had worked four days for Independent Tom Robinson when he was cited for not having a permit, and in checking, was found to have served a sentence for burglary and forgery. Mr. Martin did not have a recommendation for issuance of the permit. In discussion, Chief of Police Simpson stated Mr. Bone served fifty -one months of a sixty months sentence ' which raises a flag; adding, "they usually one serve one -third of the term for these offenses." To conclude the discussion, Director Jones made a motion, seconded by Director Shackelford, to recess this meeting until Thursday, September 23, 1982 at 12:00 o'clock noon, in order to obtain more information. The motion was unanimously adopted by voice vote of the Board of Directors present. There being no further business to be presented or to come before the Board of Directors, upon motion from Director Jones, seconded by Director Shackelford, and by unanimous vote of the Board Members present, the meeting was recessed at 10:00 o'clock P. 14, to reconvene on Thursday, September 23, 1982 at 12 :00 o'clock Noon, to consider the issuance of a taxicab permit to George Isaac Bone and the appointment to the Urban Development Action Grant Task Force. ATTEST: �'e' /%G APPROVED: City Clerk Mayor 1 35 Board of Directors Chamber I Little Rock, Arkansas ' September 23, 1982 - 12:00 Noon The Board of Directors of the City of Little Rock, Arkansas reconvened from the September 21, 1982 regular meeting. With both Mayor Bussey and Vice Mayor I Jones absent, Director Keith served as Chairman, and City Clerk Jane Czech called the roll with the following Directors present: Directors Keith, Bena£ield, Weeks, Shackelford and Hubbell - total 5; Absent - Mayor Bussey and Vice Mayor Jones - total 2. Chairman Keith announced that a quorum was present and that consideration would be given to appointing a consumer representative to the Urban Development Action Grant Task Force; and, the issuance of a taxicab permit to George Isaac Bone. The appointment was the first matter to be considered. Chair Keith made a ' motion, seconded by Director Shackelford, that Ms. Elena Hanggi be appointed to the UDAG Task Force. Another motion followed by Director Hubbell, seconded by Director Weeks, that Ms. Regina Lindsey Stewart be appointed to the Task Force. There were no other nominations and after a roll call was taken on the appointment of Ms. Stewart, with Directors Keith and Shackelford voting Aye, it was determined that neither person nominated could receive the necessary four votes to be appointed. Chairman Keith announced the appointment will.then be considered at a later date. The issuance of a taxicab operator permit to George Isaac Bone was briefly discussed and Chairman Keith made a motion, seconded by Director Weeks, "that we not grant George Isaac Bone a permit to operate a taxicab in the City of Little Rock." The motion was unanimously adopted by voice vote of the members of the Board of Directors present. There being no further business to be presented, it was moved by Chairman Keith, ' seconded by Director Weeks, and unanimously carried that the meeting be adjourned at 12:20 o'clock P. M. and that the Board meet again in regular session on Tuesday, October 5, 1982 at 7:30 o'clock P. M. ATTEST: V&?V— ex APPROVED: City Clerk Mayor 1 Y 23 Board of Directors Chamber Little Rock, Arkansas October 5, 1982 - 7:00 P. M. Prior to the Official Board Meeting of the Little Rock Board of Directors, a public hearing was held regarding the Community Development Block Grant Program Performance. Mayor Bussey declared the hearing open. Although HUD regulations for citizen participation on performance only calls for a public hearing, the City of Little Rock goes beyond.that so that citizens may be involved in a more meaningful wan. Ms. Kay Roberts, Chairperson for Physical Improvements Projects presented recommendations that in areas where sidewalks are reconstructed,. that instead of patching and replacing sections, that serious thought be given to replacing the complete block, if the sidewalks are badly deteriorated. In the Pankey Area, large sums of money have been spent for water and sewer lines. To date, only a few resident have tied onto these lines, due to the cost. Most of the residents are lower income or retired. Ms. Roberts recommended'that CDBG funds be made available to assist in , tying on with low ,payment and no interest loans. Mr. Leroy Grant presented a lengthy report of the 1982.Subcommittee to Evaluate Community Center Operations and Public Services Activities of the Community Develop- ment Block Grant Program. Mr. Muskie Harris, Chairman of the Home Rehabilitation Program for 1982, also presented a lengthy Evaluation Report. His report included work done at 4513 West 23rd Street, 4717 West 22nd Street, 1010 Inez Street and 2723 Center Street. He thanked the members of-tb4•ity's staff who were very cooperative and helpful in the evaluation of these programs, with a special thanks to Mr. Jim Hathcock, Chief of Environmental Codes and Mr. A. P. Kelly, Little Pock Housing Authority. There was no further discussion or presentations and Mayor Bussey declared the Public Hearing closed. (See October 5, 1982 Petition files for complete reports.) AFhz J' ane Czech City Clerk II � 3'7 . Board of Directors Chamber I Little Rock, Arkansas October 5, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Bussey announced a quorum was present and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Weeks. The Consent Agenda was considered first, which included the following items: (a) The Minutes of the previous meeting held September 21, 1982 and the reconvened meeting held September 23, 1982. (b) The 1981 Annual Report of the Little Rock Regional Airport. (c) Resolution No. 6,866, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE ANNUAL CONTRACT FOR ROCK SALT FOR CITY STREETS; AND FOR OTHER PURPOSES. By motion of Director Keith, 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 and reconvened meetings were approved as written and summarized to the Board of Directors; (b) The 1981 Annual Report of the Airport was received and filed; and (c) Resolution No. 6,866 was read in full and adopted by the following roll call vote: .Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A,Zoning Appeal (Z- 3863 -Z -3871) was filed August,30, 1982 by R. J. Yelenich and Steve Freeman, to rezone Lots 3 through 6 and Lots 1, 2 and 12, Block 3, Perry Heights Addition to the City of Little Rock, from "R -6" High Rise District to "C -3" General Commercial District, for the operation of a service station and convenience food ' store. A public hearing had been scheduled for this time and place, with Mayor Bussey declaring the hearing open. Mr. George Lease, representing the applicants, . presented the request stating the neighborhood is in transition and a service station is needed in this area of the I -630 Freeway. He stated his clients are "good citizens with eight businesses in Pulaski County. Mr. Kevin Wriggly who rents property at 5921 Maryland, spoke in strong opposition pointing out the neighborhood is more stable than Mr. Lease stated. He_said service stations along Fair Park Boulevard have all gone bankrupt, and showed photographs of businesses that have "gone under." Ms. Sharon Vaughn of 800 South Taylor Street, also voiced strong opposition to the re- zoning. She cited additional traffic hazards and the fact that a restaurant and other twenty -four hour businesses would be very undesirable. She further mentioned that three elderly ladies living in the area would have increased chances of being robbed and assaulted, plus a devaluation of property values. There was no further discussion and.a proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF LAIR PARK BOULEVARD, BETWEEN I -630 AND 9TH STREET, LITTLE ROCK; ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES I 23 OCTOBER 5, 1982, Cont'd. 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 Jones, which was adopted by unanimous vote of the Board Members present, , being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which there was a subsequent motion from Director Hubbell, again seconded by Director Jones, that the rules be suspended and the Ordinance be placed on its third and final reading. A roll call was taken on the suspension of the rules for the third and final reading with the results recorded as follows: Ayes - Directors Keith, Benafield, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Weeks - total 1; Absent - None. With the adoption of the motion for the suspension of the rules for the third reading, the Ordinance was then read the third and last time. After brief discussion, a motion followed from Director Weeks, seconded by Director Keith, that the vote on this zoning proposal be delayed sixty days. The motion was adopted by roll call vote of the members of the Board of Directors present which is recorded as follows: Ayes - Directors Keith, Benafield, Weeks and Mayor Bussey - total 4*; Noes - Directors Shackelford, Hubbell and Jones - total 3; Absent - None. Therefore, no further ' action was taken and the vote on the proposed Ordinance was delayed for sixty days. A proposed Ordinance was the next presentation, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5419 KAVANAUGH BOULEVARD (Z- 3302 -B), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For: Montesorri Child Care Facility) and the proposed Ordinance was read the third and last time, having been read the first and second times on September 21, 1982. Mr. Ben McMinn, the applicant, advised there would not be more than twenty -five students attending the school. He explained there are commercial entities in the surrounding area; and, upon question by Mayor Bussey, said he has no plans for other businesses on property he owns in this neighbor- hood. A number of parents were present in support of the conditional use application. Mary Pearsoll, 1605 North Harrison Street, told the Board, "the Montesorri School , provides better facilities for my child and I don't understand the objections.' Mr. William Scott Marshall felt the concern should be for the students and not the owners of the property. Other speakers were Cathy Richmond and Wayne Cox, both voicing opinions that the school offers outstanding things for children. The first speaker opposing the conditional use was Mr.' Frank J. Wills, Jr., 1824 North Tyler Street, who gave a summary of zoning in the Forest Heights - Hillcrest Area and asked residents of the area who opposed this matter to stand. Mr. J. T. McKinnon,* 1810 North Tyler Street commented, "we don't want any changes." Mr. Harper Cooper, 1901 North Tyler Street was not opposed to the school, but was opposed to anything other than residential. Upon request by Director Shackelford, Mr. Nathaniel Griffin, Director of Comprehensive Planning gave a briefing on the conditions explaining the requirements of the paving of a 20 ft, alley, additional parking on the S/E corner, construction of a 4 ft. opaque wood fence, and a modification of curb cut on Kavanaugh, said conditional use permit to run with the owner. When Director Hubbell asked Mr. ' Griffin whether he supports this proposal, his reply was: "The Board will need to consider the welfare of the neighborhood, and with no agreement having been reached, I would have to recommend denial." With no further discussion, a roll call was taken 39 OCTOBER 5, 1982, Cont'd. on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Benafield, Weeks and Hubbell total 4; Abstaining - Mayor Bussey - total 1; Absent - None. Whereupon, the Ordinanc was declared to have FAILED. A proposed Ordinance was placed on the Agenda to grant a conditional use permit to Chicot Elementary School for an addition to the school. When it was requested by the applicant that the matter be referred back to the Planning Commission, a motion was made by Director Hubbell, seconded by Director Keith, to refer the request back to the Planning Commission for further consideration. The motion was unanimously adopted by voice vote of the Board Members present; therefore, no further discussion was held. A proposed Ordinance was the next presentation, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED TALL TIMBER WEST IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, with the first and second readings ' having occurred on September 21, 1982. Mr. Bob Richardson, consultant for the applicarl said some misunderstandings had been worked out. He explained that the proposed duplexes would be sold to provide owner occupancy and requested that a vote be taken without further delay. Mr. Norman Pullen of 10014 Godwin Drive, again requested denial of the Planned Unit Development fearing the duplexes will end up as rental property. A motion followed from Director Shackelford, seconded by Director Benafield, to delay the vote and recess the meeting until next Wednesday, October 13th, to give the residents an opportunity to meet with the developers. The motion was unanimously adopted by voice vote of the Board Members present; therefore, the vote was delayed until Wednesday, October 13, 1982.at 1:30 P. M. Ordinance No. 14,322 was presented, containing the following caption: AN ORDINANCE VACATING AND CLOSING GROVE STREET BETWEEN-I-4.30 AND NATURAL RESOURCE DRIVE IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ' and the Ordinance was read the third and last time, with the first and second readings having occurred on August 17, 1982 and September 7, 1982, respectively. A roll call was taken on the passage of the Ordinance and is recorded as follows: Ayes - Director Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Considered at this time was Ordinance No. 14,323, entitled: AN ORDINANCE VACATING AND CLOSING PARK STREET BETWEEN I -430 AND NATURAL RESOURCES DRIVE IN SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with there being a third and final reading of the Ordinance. The Ordinance was read, the first and second times on August 17, 1982 and September 7, 1982. There was no discussion and a roll call was taken on the question, Shall the Ordinance Pass, with the outcome being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. ' Introduced next was Ordinance No. 14,324, described as: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK ARKANSAS, AND MAKING SAPS A PART OF THE CITY OF LITTLE ROCK; (Arnold's Barber & Beauty Supply I -30 Annexation, 2.16 Acres;.Court Order dated August 30, 1982) 2401 OCTOBER 5, 1982, Cont'd. and said Ordinance was read the first time, followed by 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 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 Hubbell, 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. The Ordinance was read the third and last time, and ther was an Aye and No Vote taken on the passage of the Ordinance as follows: Ayes - Direct! Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then declared the Ordinance PASSED. Ordinance No. 14,325 was presented next, entitled: AN ORDINANCE APPROPRIATING FOUR THOUSAND, SEVEN HUNDRED TWENTY EIGHT DOLLARS AND FORTY CENTS ($4,728.40) FOR LEGAL FEES IN THE CASE OF LEROY SHAVERS, AND GEORGE RALPH ' SHAVERS ET AL. V. THE CITY OF LITTLE .ROCK, ARKANSAS, ET AL.; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time to appropriate $16,728.00 on September 21, 1982. Attorney Ted Boswell who represented former police officer John Mandeville, who was one of four policemen charged in the shooting of the Shavers Brothers in 1978 when they allegedly tried to burglarize a boxcar, was present to discuss attorney fees in the case. Mr. Boswell had requested that the City of Little Rock reimburse Mr. Mandeville for $12,000 he incurred in his successful defense of the criminal charges against him, plus $4,728.40 legal fees to Mr. Bowell for legal representation provided to Mr. Mandeville. City Attorney Jack Magruder's recommendation was against payment, predicated on the fast that the City stood ready to defend Mr. Mandeville and in fact, hired Attorney Philip Kaplan to ensure the highest quality of defense. In a memorandum to the Board of Directors dated March 24, 1982, Mr. Magruder stated, "I am not sure we want to establish the ' precedent of allowing every City employee who is sued to hire private counsel at the expense of the City." At this point a lengthy discussion ensued, followed by a motion from Director Hubbell, seconded by Director Benafield, that the Ordinance be amended to appropriate $4,728.40 for civil legal fees to be paid Attorney Boswell. A roll call was taken on the motion with the results being recorded as follows: Ayes - Directors Keith, Benafield, Mayor Bussey, Directors Shackelford and Hubbell - total 5; Noes - Directors Weeks and Jones - total 2; Absent - None. With the motion having been adopted, a subsequent motion was made by Director Hubbell, seconded by Director Shackel ford, that the rules 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. There was a third and last reading of the Ordinance, as amended, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Director's Keith, Benafield, Weeks ( "I vote Aye ' for the $4.728.40, but I feel this officer was performing his duty, he went about it i the right way.and can't see it any other way, and I would support payment of the additional $12,000. "), Mayor Bussey, Directors Shackelford and Hubbell - total 6; 41 OCTOBER 5, 1982, Cont'd. Noes - Director Jones ( "I would like to say my vote has nothing to do with guilty, innocence, assumption, or anything. It is just that I assumed we were under the policy that the Board would hire the attorney for City employees, and I feel it would ' be a dangerous policy to allow City employees to hire their own attorney. ") - total 1; Absent - None. It was then announced that the Ordinance, as amended, had PASSED. Director Hubbell was excused. Consideration was then given to Ordinance No. 14,326, containing the following heading: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1983 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Shackelford, which was seconded by Director Benafield, 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 for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Weeks, 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 - Director Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent Director Hubbell - .total 1. The Ordinance, together with the Emergency Section was ' then declared PASSED. Ordinance No. 14,327 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR ADVANCED ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR ENGINEERING SERVICES; AND FOR OTHER PURPOSES; (On Geyer Springs Road and Mabelvale Pike) 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 sub- sequent motion was again made by Director Keith to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shack ' ford, 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinanc 242 OCTOBER 5, 1982, Cont'd. was declared PASSED. Introduced next was Ordinance No. 14,328, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR LEGAL FEES TO BE PAID TO THE FIRM OF HOUSE, ' HOL14ES AND JEWELL; AND FOR OTHER PURPOSES; ($27,639.21) with the Ordinance being 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 Benafield, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the secon• time, resulting in a motion made by Director Benafield, 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 taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor , Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Mayor Bussey then announced that the Ordinance had PASSED. Director Hubbell was re- enrolled. Resolution No. 6,867 was the next presentation, with the title being: A RESOLUTION AUTHORIZING THE EXTENSION OF THE - OPTION ON THE PURCHASE OF A PARCEL AT 13TH AND HANGER STREETS FOR A PERIOD OF TWENTY -FOUR MONTHS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Hubbell, seconded by Director Weeks, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Noes - None; 'Abstaining - Mayor Bussey and Director Shackelford total 2; Absent - None. The next presentation was Ordinance No. 14,329, described as: AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL EQUIPMENT ITEMS FOR VARIOUS CITY ' DEPARTMENTS; AND FOR OTHER PURPOSES; 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 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. 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 Keith, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response bein recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance ' was then declared PASSED. �I r,�43 OCTOBER 5, 1982, Cont'd. i City Manager Mahlon Martin requested that the Board of Directors consider Resolution No. 6,868 which did not appear on the Agenda, entitled: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO LETTER CONTRACTS EXTENDING THE CETA PROGRAMS FOR THIRTY DAYS; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, a motion by Director Benafield, seconded by Director Weeks, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Another Resolution, No. 6,869, was considered by request of City Manager Mahlon Martin, with the title being: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT APPLYING FOR STATE FINANCIAL ASSISTANCE FOR TOURIST MEETING FACILITIES AND TOURIST ENTERTAINMENT FACILITIES; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors 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-and upon motion of Director Keith, seconded by Director Benafield, and unanimous adoption by the Board Members present, the meeting was recessed at 10:45 o'clock P. 14, to reconvene on Wednesday, October 13, 1982 at 1:30 o'clock P. M. to consider voting on the Ordinance approving a Planned Unit Development for Tall Timber West, and appointments to Boards and Commissions. ATTEST: ( APPROVED: C/ City Clerk Mayor it I I 24 J Board of Directors Chamber Little Rock, Arkansas October 13, 1982 - 1:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the October 5, 1982 regular meeting with Mayor Bussey presiding, and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Benafield, Weeks and Shackelford -.total 4; Absent - Directors Hubbell and Jones - total 2. Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows. The following Ordinance, No. 14,330, was presented again, after having been read the first and second times on September 21, 1982, with the third and final read- ing having occurred on October 5, 1982, and the vote delayed until October 13, 1982: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED TALL TIMBER WEST IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK: AND FOR OTHER PURPOSES; ' Mr. Bob Richardson, representing the developers, was present and commented that the proposal under consideration would be the better alternative for the neighborhood because it would provide more property ownership rather than rental property. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that the present zoning would permit development as duplexes, allowing one to purchase a duplex, live in one unit and rent the other. He further stated that the "PRD" would provide a better chance of getting ownership. Mr. Richardson said it is the intent of the builders to sell, and not to lease. There was no further discussion and a roll call was taken on the question, Shall the Ordinance Pass, with the results being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Shackelford - total 5; Noes - None; Absent - Directors Hubbell and Jones - total 2. An announcement was made that the Ordinance had PASSED. A Resolution appointing a consumer representative to the Urban Development Action ' Grant Task Force; and, a Resolution making appointments to Boards and Commissions were placed on the Agenda, but these items were deferred and no action was taken. 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 1:45 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. 14. on Tuesday, October 19, 1982. ATTEST: � APPROVED: City Clerk Mayor 1 _ I 45 Board of Directors Conference Room I i Little Rock, Arkansas October 15, 1982 - 10:00 A. M. An Administrative Public Hearing as advertised and required by Law, was held at.10:00 A. M. October 15, 1982 in the Board of Directors' Conference Room, City Hall, to hear comments on proposed General Revenue Sharing Funds for the year 1983. Presiding over the Public Hearing was Mrs. Susan Fleming, Assistant to the City Manager, who declared the Public Hearing open and invited citizens to be heard at this time. Ms. Ruth Bell, President of the League of Women Voters of Pulaski County, read a prepared statement applauding the decision to spend revenue sharing funds on capital improvements. No one else wished to address the issue and Mrs. Fleming declared the Public Hearing closed at•10:08 A. M. Jane Czech City Clerk 1 TIFTF- 24611 III Board of Directors Chamber Little Rock, Arkansas October 19, 1982 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Benafield, 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 Mayor Bussey. Prior to the consideration of the Agenda matters, two presentations were made. Mr. Steve Nipper, president of Riverfest, Inc. presented a check in the amount of $25,000 to Mayor Bussey, and pledged an equal amount toward the construction of a fountain in the Riverfront Park. Mr. Nipper presented the check in observance of the organization's charge to "enhance the quality of life in our community and seek to expand the artistic and cultural activities of our citizens." ' Mr. Ron Paulson, manager of Riverside Cable Television, also presented a check to Mayor Bussey in the amount of $52,446.17, representing_, a portion of Riverside's annual city franchise fee, which equals 3 per cent of the company's gross revenues. 11r. Paulson reported that the entire city has been marketed for cable television service and, "we are now going into Phase 2, a remarketing campaign, to get anybody we might have missed because of vacations and that sort of thing." The Consent Agenda was then presented, which included the following items: (a) The Minutes of the previous meeting held October 5, 1982 and the reconvened meeting held October 13, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1982. (c) Resolution No. 6,870, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER. TO ' AWARD A CONTRACT FOR POLICE UNIFORMS AND A PRF.- ENGINEERING METAL BUILDING; AND FOR OTHER PURPOSES. By a motion from Director Hubbell, seconded by Director Weeks, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Pock Municipal Water Works was received and filed; and (c) Resolution No. 6,870 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The following Zoning Applications, as approved by the Planning Commission, presented at this time: Z -3885 - From Thomas B. Devine, III, for Southern Leasing Company, to rezone Drive 580 feet west of Mabelvale Pike (long legal description), from "R -2e ' - family to "I -2" Light Industrial District. jDavmar Z -3886 - From Ed Culin, to rezone 10224 Sibley Hole Road (long legal description "R -2" Single - family to "I -2" Light Industrial District. I Il47 OCTOBER 19, 1982, Cont'd. Z -3888 - From Martin S. Dorman to rezone 9901 West Markham Street and 109 Oak Lane (long legal description) from "R -2" Single - family District to "C -3" General Commercial District. As there was no opposition presented to the rezoning of the above described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,331 as follows) 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 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second-reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Jones and Keith, respectively,'to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z -3878 - From Melvin Mayweather to rezone 505 Fletcher Street, described as the S 40' of the N 120' of the W 150' of Block 23, Garland Addition to the'City of Little Rock, from "R -4" Two - family District to "R -3" Single - family District. Z -3894 - From Don Chambers for Terry Burruss, to rezone the N/W corner of Barrow Road and Morris Manor Drive, from "0 -3" General Office District to "R -5" Urban Residence District. No one was present to oppose the conversions and'with no discussion, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,332 as follows) Ordinance No. 14,332 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 Weeks, seconded by Director Hubbell, 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 third and final reading; which motion was seconded by Director Benafield, and adopted by 1 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, 1H H1 2481 OCTOBER 19, 1982, Cont'd. Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing was advertised and scheduled for this time and place on the ' waiver of the City's right to acquire Park Site 32 N.F., located at the S/E corner of Napa Valley and Rainwood Drives. Mr. Julius Breckling, Director of Parks and Recreation had advised that funds were not available for acquisition of the park site. Mayor Bussey declared the public hearing open and when no one was present to address the issue, the hearing was declared closed, and Ordinance No. 14,333 was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 12,545, (AS AMENDED) OF THE CITY OF LITTLE ROCK, SAID ORDINANCE BEING THE "PARKS, PLAYGROUNDS, AND RECREATIONAL AREAS PLAN OF THE LITTLE ROCK PLANNING AREA "; and said Ordinance was read the first time, followed by 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 adopted by unanimous vote of the 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; 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 Hubbell, again 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 time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,871 was the next presentation, with the title being: A RESOLUTION ACCEPTING AND APPROVING THE RECOMMENDATIONS OF ALLOCATIONS FOR 1983 JOB TRAINING PROGRAM; AND FOR OTHER PURPOSES; 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 Weeks, after which a roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 14,334 was considered next, containing the following caption: AN ORDINANCE AMENDING AND CLARIFYING CERTAIN PROVISIONS OF ORDINANCE NO. 14,304, APPROVING THE FORM OF REGISTERED SEWER REVENUE PROMISSORY NOTES; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion made at this time 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, with the second reading of the Ordinance following. A subsequent motion was again made by Director Hubbell, seconded ' by Director Weeks, 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 seven in number and two - thirds 45 OCTOBER 19, 1982, Cont'd. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance together with the Emergency Section was declared PASSED. The next presentation was Resolution No. 6,872, entitled: i A RESOLUTION APPROVING THE SALE OF $2,000,000 CITY OF LITTLE ROCK, ARKANSAS SEWER REVENUE PROMISSORY NOTES, SERIES 1982, AUTHORIZED BY ORDINANCE NO. 14,304, AS AMENDED BY ORDINANCE NO. 14,334; APPOINTING WORTHEN BANK & TRUST COMPANY, N.A. AS TRUSTEE AND PRESCRIBING OTHER MATTERS RELATING THERETO; and after a complete reading of the Resolution, there was a motion by Director Keith ' that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes Directors Keith, Benafield, i Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; ;Absent - None. Introduced next was Resolution No. 6,873, described as: SUPPORTING THE PULASKI COUNTY THREE MILL ROAD TAX AND URGING CITIZEN APPROVAL OF THE MEASURE ON NOVEMBER 2, 1982; and the Resolution was read in its entirety. A motion was the made by Director Keith, seconded by Director Benafield, which resulted in,a roll call vote whereby the Resoluti was adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - -None. The last Resolution to be considered was No. 6,874, entitled: ' A RESOLUTION AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND DAVID J. JONES, LITTLE ROCK, ARKANSAS, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS RESOLUTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Jones, seconded by Director Hubbell, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Under "J" Citizen Communications, Mr. Miguel A. Copello, 8 Brookhaven Drive, complained to the Board of Directors regarding the deletion of the Spanish Internationa Network from cable programming by Riverside Cable Television. He said the discontinu- ation had been blamed on a "satellite shift" and a finding that Hispanics represented only about one percent of the city's population. He further stated that figure ' by the Hispanic in the telephone directory apparently was reached counting surnames and didn't take into account a number of Spanish- speaking teachers and students and others interested in the programming. He filed a petition signed by a large number of persons supporting the Spanish International Network. In conclusion, he said Riverside 25 �I OCTOBER 19, 1982, Cont'd. "in effect, has reneged on its sales pitch." Two journalism students from the University of Arkansas at Little Rock were present to observe the Board Meeting. ' With there being no further business to be presented, it was moved by Director Keith, seconded by Director Benafield, and unanimously carried that this meeting be adjourned at 8:05 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, November 2, 1982 at 7:30 o'clock P. M. ATTEST: C!1? APPROVED: V City Clerk Mayor X51 Board of Directors Chamber I Little Rock, Arkansas November 2, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Keith, Benafield, Weeks, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows. i The Invocation was given by Director Hubbell. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held October 19, 1982. (b) Resolution No. 6,875, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MA14AGER TO AWARD ' i A CONTRACT FOR TRAFFIC SIGNAL POLES; AND FOR OTHER PURPOSES. (c) Resolution No. 6,876, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE FACTORIA STREET BETWEEN ROOSEVELT AND JONES STREETS IN FACTORIA THIRD ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (d) Resolution No. 6,877, described as: II A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE I AN ALLEY LOCATED EAST OF LOT 6 AND THE S 1/2 OF LOT 5, BLOCK 22, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS. (e) Resolution No. 6,878, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE NORTH 20 FEET AND THE SOUTH 20 FEET OF MICHAEL DRIVE IN BROWN - WOOD TERRACE PHASE II ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (f) Resolution No. 6,879, containing the following caption: . A RESOLUTION SETTING THE DATE OF THE HEARING ON THE PETITION TO I VACATE A PORTION OF EAST ROOSEVELT ROAD FROM DUGAN STREET EAST FOR 150' IN THE CITY OF LITTLE ROCK,.ARKANSAS. (g) Resolution No. 6,880, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR LONG -TERM DISABILITY INSURANCE FOR EMPLOYEES; AND FOR OTHER PURPOSES. I (h) Resolution No. 6,881, with the title being: A RESOLUTION AUTHORIZING THE CITY 14ANAGER TO AWARD A CONTRACT FOR EMPLOYEE HEALTH AND LIFE INSURANCE; AND FOR OTHER PURPOSES. (i) Resolution No. 6,882, described as: A RESOLUTION REAPPOINTING MR. BOOKER DAY TO A FIVE -YEAR TERM ON THE LITTLE ROCK HOUSING AUTHORITY TO EXPIRE OCTOBER 12, 1987; AND FOR OTHER PURPOSES. (j) Resolution No. 6,883, containing the following heading: MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES. By motion of Director Weeks, seconded by Director Benafield, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed III TIT 25 NOVEMBER 2, 1982, Cont'd. with as follows: (a) The Minutes of the previous meeting were approved as written and summarized to the Board of Directors; and (b, c, d, e, f, g, h, i and j) Resolutions No. 6,875, 6,876, 6,877, 6,878, 6,879, 6,880, 6,881, 6,882 and 6,883 were , read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Director Shackelford was enrolled. At this Doint in the meeting Director Weeks presented a framed Resolution to Assistant Police Chief "Doc" Hale, who is retiring from the Little Rock Police Depart- ment, commending him for more than twenty years of service to the citizens of Little Rock. Introduced at this time was Ordinance No. 14,335, containing the following caption: AN ORDINANCE'ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 212 NORTH McKINLEY (Z- 3500 -A), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For addition to day care center in "R -2" District - approved by Planning Commission) ' and there was a first reading of the Ordinance. A motion was then made by Director Keith which was seconded by Director Benafield, 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 Jones and 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; , Noes - None; Absent - None. The Ordinance was then declared PASSED. Consideration was then given to Ordinance No. 14,336, entitled: I AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1100 NAPA VALLEY DRIVE (Z- 3892), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For a Church and related facilities in "R -3" Single - family District - Approved by Planning Commission subject to construction of wider turning radius on Ridgehaven and a 40 ft. buffer. and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Benafield, 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 the 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 Keith, and adopted by unanimous vote of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded Ir 53 NOVEMBER 2, 1982, Cont'd. as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Director Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,337, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 824 NORTH TYLER STREET (Z- 3895), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For expansion of existing building of Francis A. Allen School for exceptional child- ren - Approved by Planning Commission subject to submission of a revised plan in conformance with set -back requirements.) which Ordinance was read the first time. A motion was.then made by Director Keith which was seconded by Director Benafield, that the rules be suspended and the Ordinanc 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 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 seven in number and two- thirds or more of the member's 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. Ordinance No. 14,338 was then presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4900 INTERSTATE 30 (Z- 3896), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For addition to existing Church - Approved by Planning Commission subject to submissi of a one -lot final plat, and construction of one -half of 27 ft. street on Doyle Springs Road.) and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Benafield, 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 member I of the Board of Directors- elect. Upon the 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 Keith, and adopted by unanimous vote of the members of the.Board of Directors elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Director Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been advertised and scheduled for this time and place on a petition to form the Pleasant Ridge Street, Water, Drainage and Sewer Improvement i District, with the property being located in Section 21, T -2 -N, R -13 -W, and the South 305' of Plot 'J', the South 410' of Plot 'I' and Plot 'H' in Woodland Heights Sub- ,division, The petition was signed by property owners of a majority in value, as shown 25 ii NOVEMBER 2, 1982, Cont'd. by the last County assessment. Attached to the petition was a certificate of abstract- er showing total assessed value of all property described in said petition to be $179,680.00, and that the petition is signed by owners of real property, as described therein and as shown by the last deeds of record, to the value of $116,600.00. Notice , of public hearing as required by law, was duly published on October 18, 1982 and October 25, 1982. Mayor Bussey then declared the public hearing open and Mr. Chris Barrier, attorney for the petitioners, was the first speaker. He presented a map of the proposed improvement district and explained details of the development. A lengthy discussion ensued in which Mr. Barrier responded to questions by Director Weeks regard- ing ownerships and plans of Mr. Louis Schickel to enlarge the district to include other property along Highway No. 10. He acknowledged that the developers are attempt- ing to obtain property and appropriate zoning for a commercial development adjacent to the proposed district. However, he pointed out the Ordinance establishing the district would have to be amended to include the property, since it was not within the initial boundaries. In response to questions from Board Members, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the City Planning Staff supports creation of the district, since it would make some street improvements called for in ' the City's longterm plans. Director Keith mentioned the need for a traffic signal on Highway No. 10 in the vicinity of Pleasant Ridge and Bainbridge Drives. City Manager Mahlon Martin answered, since Highway No. 10 is a State highway,, it would be under jurisdiction of the State Highway Department. At this point, Mr. Louis Schickel, a property owners and petitioner for the proposed district stated, "we will contribute $10,000 for the installation of a traffic light when the lighting project is ready, and will put it in writing." Mr. John Plegge, attorney for opponents who live in Woodland Heights, said the proposed district's boundaries are "the most gerrymandered, confusing plan" he had ever seen. He said the district's organizers are trying to put in a district for their property and have someone else pay for it, and that the opponents are opposed to some intensive commercial development planned by the district backers. Mr. Plegge asked that his clients be included within the district to give them "a chance to vote on this - we don't want a large commercial area out there." Attorney Chris Barrier responded that the opponents only want to veto the plans. ' Property owned by the Catholic Diocese of Arkansas was excluded from the proposed district because they are making their own improvements. With no further discussion, the public hearing was declared closed and a proposed Ordinance to establish the district was placed on first reading, entitled: AN ORDINANCE ESTABLISHING PLEASANT RIDGE STREET, WATER, DRAINAGE & SEWER IMPROVE- MENT DISTRICT NO. OF LITTLE ROCK, ARKANSAS; and the proposed Ordinance was read the first time. Due to controversy that needed to be resolved, the proposed Ordinance remained on the calendar for second reading on November 16, 1982, when a motion made by Director Shackelford,and seconded by Director Jones;to suspend the rules, FAILED by the following roll call vote: Ayes,- Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. III IF � 55 NOVEMBER 21 1982, Cont'd. 1 Resolution No. 6,884 was considered next, with the title being: 1 -A RESOLUTION C0MMENDING ASSISTANT POLICE CHIEF JESS FRANKLIN "DOC" HALE FOR MORE THAN TWENTY YEARS OF OUTSTANDING PROFESSIONAL SERVICE TO THE CITY OF LITTLE ROCK AS A MEMBER OF THE LITTLE ROCK POLICE DEPARTMENT; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Benafield and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Presented at this time was Resolution No. 6,885, containing the following caption A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE ROCK, ARKANSAS TO BUDGET AND APPROPRIATE FUNDS FOR THE YEAR 1983 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; 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 Benafield, after which a roll call was taken and the Resolution adopted by the following roll call vote Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6;. Noes - Director Keith - total 1; Absent - None. The last Resolution to be considered was No. 6,886, entitled: 1 A RESOLUTION APPOINTING A CONSUMER REPRESENTATIVE TO THE URBAN DEVELOPMENT ACTION GRANT TASK FORCE; AND FOR OTHER PURPOSES; (Ms. Regina Stewart Appointed) and the Resolution was read in its entirety. A motion was then made by Director Hubbell, seconded by Director Benafield, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. Under "J" Citizen Communications, Ms. Jane Broyles asked if there was only one position for a consumer representative on the UDAG Task Force. She was advised by 1 14r. Nathaniel Griffin, Director of Comprehensive Planning that only one consumer representative position exists. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Benafield, and unanimously carried that this meeting be adjourned at 8:45 o'clock P. P4.,. and that the Board of Directors meet again in regular session on Tuesday, November 16, 1982 at 7:30 o'clock P. M. 4 1 } 1 `:A 1 'I ATTEST: �' APPROVED 9 1 City Clerk Mayor � I 'I 25. I Board of Directors Chamber Little Rock, Arkansas November 16, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Charles Bussey presiding and Assistant City Clerk Robbie Hancock, and the following Directors present: Directors Keith; Benaficld, Weeks, Shackelford and Hubbell - total 5; Absent - Vice Mayor Jones - total 1. It was announced that a quorum was in attendance and the following is an account of the proceedings: The Invocation was given by Director Shackelford. The first matter to be considered was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held November 2, 1982. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of Septembef, 1982, (c) The Central Arkansas Library System 1981 Annual Report and the 1981 Emmet ' Morris Memorial Fund Report. (d) Resolution No. 6,887, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A FIFTEEN PASSENGER VAN FOR THE PARKS DEPARTMENT, ZOYSIA SOD FOR RIVERFRONT PARK, PORCELAIN GRAPHIC SIGNS FOR RIVERFRONT PARK AND COMPUTER TERMINALS; AND FOR OTHER PURPOSES. (e) Resolution No. 6,888, with the title being: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1983; AND FOR OTHER PURPOSES. (f) Resolution No. 6,889, described as: 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 SITUATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK ' TOGETHER WITH AN ASSIGNMENT OF EASEMUNTS IN FAVOR 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 EXISTING PUMP STATION AND APPURTENANCES THERETO. (g) Resolution No. 6,890, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREE - M4ENT WITH ST. VINCENT INFIRMARY FOR PROPERTY TO BE USED AS PART OF THE WAR MEMORIAL MUNICIPAL GOLF COURSE; AND FOR OTHER PURPOSES. (h) Resolution No. 6,891, entitled: A RESOLUTION SETTING THE DATE OF DECEMBER 7 FOR A PUBLIC HEARING ON REVENUE SHARING; AND FOR OTHER PURPOSES. (i) Resolution No. 6,892, with the title being: A RESOLUTION SELECTING THE HODGES FIRM AND ENVIRONMENTAL TECHNICAL CONSULTANTS AS ENGINEERING CONSULTANTS FOR THE NINTH YEAR C.D.B.C. PROJECTS; ' AND FOR OTHER PURPOSES. (j) Resolution No. 6,893, described as: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO CONVE THE HARPER PROPERTY NEAR THE BLAKEMORE DITCH PROJECT; AND FOR OTHER PURPOSES 25i NOVEMBER 16, 1982, Cont'd. (k) Resolution No. 6,894, containing the following capiton: A RESOLUTION AUTHORIZING THE CITY 14ANAGER TO ACQUIRE NEEDED PROPERTY ' FOR THE V.A. STREET IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO DONATE A PART OF A PARCEL LOCATED ON SOUTH OAK STREET TO BE USED AS RIGHT- OF-WAY; AND FOR OTHER PURPOSES. (1) Resolution No. 6,895, entitled: A RESOLUTION AUTHORIZING THE ADVERTISEMENT OF THE AVAILABILITY OF SURPLUS CITY -OWNED REAL PROPERTY FOR SALE; AND FOR OTHER PURPOSES. (m) Resolution No. 6,896, with the title being: A RESOLUTION APPOINTING DIRECTOR HUBBELL TO SERVE AS CHAIRMAN FOR THE SCHOOL CROSSING GUARD PROGRAM; AND FOR OTHER PURPOSES. By motion from Director Shackelford, 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 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 1981 Central Arkansas Library System Annual Report and the 1981 Emmet Morris Memorial Fund Report were received and filed; and (d, e, f, g, h, i, j, k, 1 and m) Resolutions No. 6,887, 6,888, 6,889, 6,890, 6,891, 6,892, 6,893, 6,894, 6,895 and 6,896 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. At this point in the meeting Mr. Sterling Cockrill speaking on behalf of the four commissioners of the Metrocentre Improvement District presented a proposal for the Markham Street Landscape Project, to provide an attractive link between the Metrocentre and the Statehouse Convention Center. Starting on Main Street, the Plan calls for improving four streets south off Markham Street in the new convention complex. Mr. Cockrill had been requested to contact the City Manager regarding a Share Cost Plan for the improvements between the City and Metrocentre. He stated the basic proposal ' is to: (1) to underground the utilities on Louisiana Street from Markham to West Capitol; (2) to improve the lighting and fixtures, using the Metrocentre style of box fixtures; and (3) adding new street scape where needed, this includes new sidewalks, trees and landscaping. Mr. Cockrill further commented that the cost is proposed to be shared, by the City paying the cost of undergrounding the utilities and most of the cost of the Metrocentre type fixtures. The City would also pay a small part of the street scape on Markham Street that is outside the Metrocentre District. He advised the cost of the City's share would be about $500,000, and Metrocentre would pay the cost of the street scape on Louisiana and a small part of the new light and traffic fixtures for a total of $125,000. The Metrocentre Commission had approved this concept and authorized the expenditure of the $125,000. In conclusion, Mr. Cockrill requested that $500,000 be included in the City's 1983 Capital Expenditures Budget for this i project. Mr. Sterling Cockrill advised the Board of Directors that Mr. W. P. Gulley, Jr. had resigned from the Metrocentre Board of Commissioners and requested the Board appoint a new commissioner to fill the vacancy. It was.suggested that Mr. William L. Cravens, who meets the requirements of Act 162, be appointed to fill the vacancy incurred by the resignation of Mr. Gulley. .Ordinance No. 14,339 was then presented, entitled: 25 I NOVEMBER 16, 1982, Cont'd. AN ORDINANCE APPOINTING A COMPIISSIONER FOR METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS; (Mr. William L. Cravens) , with the Ordinance being read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Benafield, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Keith and Benafield, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. The following Zoning Petitions, as approved by the Planning Commission were presented at this time: Z -3901 - From SABB Properties by Pat Bixler, to rezone 1501 South Shackleford Road, from "R -2" Single - family District to "0 -3" General Office District. Z -3902 - From Kanis Properties, Ltd. by Kay Rogers Smith, to rezone'the Asbury L/ Park. Apartments, described as Tracts 1 and 2, Kanis Place Apartments, being a replat of Tracts 13 and 14 and part of Tracts 15 and 16 of Hopson & Sachs Suburban Tracts in Pulaski County, Arkansas, from "MF -24" Multi- family District to "MF -12" Multi - 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. 14,340 as follows) Ordinance No. 14,340 was presented with the title being: ' 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; and said Ordinance was read the first time; after which there was a motion by Director Weeks, 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. 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 Ordi- nance at this time, with the motion being made by Director Shackelford, seconded by Director Weeks, 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 herein described: Ayes - -Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor/ Director Jones - total 1. Mayor Bussey then announced that the Ordinance had PASSED. 59 NOVEMBER 16, 1982, Cont'd.. Introduced at this-time was Ordinance No. 14,341, containing the following caption AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR. PROPERTY LOCATED AT 11100 CHICOT ROAD (Z- 3879), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for school in "R -2" Single - family District) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Benafield, 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 Benafield 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 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, Benafield Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Director Shackelford - total 1; Absent - Vice Mayor /Director Jones - total 1. The Ordinance was then declared PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z- 3001 -B - From John Flake for St. Vincent Infirmary to rezone the S/E Corner of Markham & University, from "0 -3" General Office to "0 -2" Office and Institutional District. Z -3897 - From Robert Joyner to rezone the S/E Corner of 20th and Washington Streets, described as Lots 1 and 2, Block 3, Sam Welch Addition to the City of Little Rock, from "C -3" General Commercial District to "C -1" Neighborhood Commercial District. Z -3907 - From Annie Washington to rezone 1107 West 20th Street, described as the West 40' of Lots 10, 11 & 12, Block 30, Weldon E. Wright's Addition to the City of ' Little Pock, Arkansas, from "R -4" Two - family District to "R -3" Single - family District. No one was present to oppose the conversions and with no discussion, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,342 as follows) AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE CITY OF LITTLE POCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Hubbell, 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 Benafield, 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, Benafiel Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent Vice Mayor /Director Jones - total 1. Therefore, the Ordinance was declared PASSED. I 26 i NOVEMBER 16, 1982, Cont'd. The following applications for a Special Use Permit as approved by the Planning Commission were presented at this time: Z -3900 - 1801 South Van Buren Street, described as Lot 1, Block 2, H. F. Buhler' Addition, for a "day -care family home in "R -3" Single - family District. Z -3904 - 4203 West 21st Street, described as Lot 5, Block 6, Sam Welch Addition, for a day -care family home in "R -3" Single - family District. Z -3905 - 2300 Summit Street, described as the E 95' of the N 29' and the E 89' of the S 21' of Lot 1, Block 9, 0. F. Sheldon's Addition, for a day -care family home in "R -4" Two - family District. No opposition was presented to the Special Use Permits and Ordinance No. 14,343 was presented, with the title being: AN ORDINANCE ISSUING SPECIAL USE PERMITS FOR VARIOUS PROPERTIES LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, ALLOWING DAY -CARE FAMILY HOMES; 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 Hubbell, seconded by Director Benafield, 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 Hubbell, 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor/ Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled by Resolution No. 6,876, with notice thereof duly published on November 9, 1982 and November 16, 1982, on the petition from J. Dan Baker and the Little Rock Regional Airport to vacate and close Factoria Street between Roosevelt Road and Jones Street in Factoria Third Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company listing the last owners of record to abutting property. Mayor Bussey 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 and Ordinance No. 14,344 was presented, containing the following caption: AN ORDINANCE VACATING AND CLOSING FACTORIA STREET BETWEEN ROOSEVELT AND JONES STREETS IN FACTORIA THIRD ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by 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 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 Hubbell, again seconded by Director Shackelford, 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 thin fill /J !61 NOVEMBER 16, 1982, Cont'd. and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Bena- field, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; ' Absent - Vice Mayor /Director Jones - total 1. An announcement was made that the Ordi- nance had PASSED. The Petition from Dr. Tony B. Price and the Arkansas State Highway Commission to vacate and close a 20 foot alley in Block 22, Original City Addition to Little Rock was presented. The Petition had received the approval of the Planning Commission. A public hearing had been set for this time and place by the adoption of Resolution No. 6,877, with Notice thereof having been duly published on November 9, 1982 and November 16, 1982 as required by Law. Attached to the Petition was a copy of a. plat prepared by the Arkansas State Highway Commission, and a letter from the Little Rock Abstract Company listing the names of all abutting property owners. Mayor Bussey then declared the public hearing open and when no one appeared in opposition, the hearing was closed and Ordinance No. 14,345 was placed on first reading, described as: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 22, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 Director 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 again 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Whereupon, the Ordinance was ' declared PASSED. A Petition from Effie Bowers, et al, was presented next, to vacate and close the North end portion (20') of Michael Drive and the South end portion (20') of Michael Drive in Brownwood Terrace Addition. The Planning Commission approved the closing of the south end only. A public hearing had been scheduled for this time and place by the adoption of Resolution No. 6,878, with Notice thereof having been duly published on November 9, 1982 and November 16, 1982 as required by Law. Attached to the petition we a certified copy of Brownwood Terrace Addition as filed in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company showing names of abutting property owners. The public hearing was then declared open and Mr. Dave Thomas representing the Asbury Park Apartments voiced opposition to.closing the north end of Michael Drive. Mrs. Effie Bowers, the petitioner, stated traffic from the ' apartments will be detrimental to the residents on Michael Drive. Mr. Leroy Slater and 11s. Curtis Curry commented that traffic from the apartments would create further hazards. A discussion ensued among Board Members in which Director Keith stated he would vote to close only the south end of Michael Drive. Director Shackelford referre to a recommendation to close the south end only and put a temporary barrier across the north end. Upon question by Board Members Mr. Richard Wood of the Department of 261' NOVEMBER 16, 1982, Cont'd. Comprehensive Planning stated a gate could be constructed and maintained by the Fire Department with a key being kept at the nearest Fire Station. Director. Shackelford mentioned the possibility of granting a franchise for a vehicular barrier on the north , end. In the discussion, it was pointed out that if a franchise should be granted, the residents would be responsible for the cost of constructing the barrier. Mr. Wood advised the Planning Commission and Staff felt the north end of Michael Drive should be left open to the public. In further discussion, Director Shackelford advised the residents on Michael Drive that the franchise for a vehicular barrier is a separate issue from the street closure under consideration. There was no further discussion and Ordinance No. 14,346 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE NORTH 20 FEET AND THE SOUTH 20 FEET OF MICHAEL DRIVE IN BROWNWOOD TERRACE PHASE II ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. A motion was made by Director Keith, seconded by Director ,Benafield, to "close only the south 20 feet of Michael Drive in Brownwood Terrace Phase II Addition,to the City of Little Rock, Arkansas." A roll ' call was taken which adopted the motion as follows: Ayes - Directors Keith, Benafield Weeks, Mayor Bussey, Directors Shackelford.and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. With the motion having been adopted, there was a subsequent motion by Directors Keith and Weeks, respectively, to suspend the rules and place the Ordinance on second reading, as amended, with the motion receiving unanimous approval by the Board Members present. The Ordinance, as amended, was then read the second time with the title being: AN ORDINANCE VACATING AND CLOSING THE SOUTH 20 FEET OF MICHAEL DRIVE IN BROWN1400D TERRACE PHASE II ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. A motion followed by Director Keith to suspend the rules and place the Ordinance, as amended, on third and final reading, which motion was seconded by Director Benafield, 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, as amended, after which an Aye and No Vote was taken on the passage of the Ordinance , and resulted as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor/ Director Jones - total 1. The Ordinance, as amended, was then declared PASSED. A public hearing had been scheduled by Resolution No. 6,879, and notice thereof duly published on November 9, 1982 and November 16, 1982, on the petition of Mr. Bob Hess, to vacate and close a portion of Roosevelt Road 50' x 150' on the south right- of-way of East Roosevelt Road which is a portion of an existing 160' right -of -way ( Arkla Industrial Sub #1), as approved by the Planning Commission. Attached to the petition was a copy of the plat of Phase I Arkla Industrial Subdivision on file in the Office of the Pulaski County Circuit Clerk, and a copy of a letter from American Abstract and Title Company listing the last owners of record to abutting property. The public hearing was declared open by Mayor Bussey and Mr. Danny Thomas was the only one present who wished to address the issue. He stated that he and the petitioner , represent several property owners on the south side of Roosevelt, adding that East Roosevelt is an eye sore and presented photographs he said would tell the whole story. He explained there are utility easements on the south side of Roosevelt, a lot of weeds, and cars park on the right -of -way, which has not been protected from ITI _ 163 NOVEMBER 16, 1982, Cont'd. i encroachment. He further advised that property owners have been using and maintaining the right -of -way in various ways for over forty years. It was his opinion that the City should abandon the excess right -of -way, then property owners would feel justified ' in making improvements. He said the Planning Staff had recommended that a franchise process be structured, which will allow non - structural use of the 50' of the right-of- way. This he said, "will leave things in the present state of condition because it will still be City property and no one is going to spend money on City right -of- way." He referred to paragraph 8 of the Planning Commission Report in the Agenda packets which states: "While the right -of -way on the south side of the road is probably in excess to the City needs, the utilities present a major difficulty. If right -of -way is abandoned, the underground utilities would be required to relocate into the new right- of-way or restrict the new owners use of the property with easements." Mr. Thomas said "this is really what we are asking for - abandon the property and restrict the new owners use with easements." Upon question by Director Hubbell, he further stated, "Quitclaim deed the land to adjacent property owners and retain easement for existing utilities." Mr. Bill Davies, Director of Public Works, clarified Mr. Thomas' comments stating that Mr. Hess petitioned for a strip 50' wide and 150' long be closed, but Mr. Thomas is asking more than that. It was generally agreed to delay reading of the Ordinance until December 7, 1982 so the Staff could study the request. The public hearing was declared closed with no action being taken on the proposed Ordinance. Consideration was then given to Ordinance No. 14,347, described as: AN ORDINANCE AMENDING ORDINANCE NUMBER 14,061 ESTABLISHING ADMISSION FEES FOR THE LITTLE ROCK Z00; 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 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. There was a second reading of the Ordinance, after which there was a subsequent motion made by Director Hubbell, seconded by Director Weeks, 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Therefore, the Ordinance was then-declared PASSED. Ordinance No. 14,348 was presented, containing the following heading: AN ORDINANCE APPROPRIATING FUNDS FOR LEGAL FEES FOR HOUSE, HOLMES AND JEWELL LAW FIRM; AND FOR OTHER PURPOSES; ($2,600.00 from General Fund) and said Ordinance was read the first time, followed by 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 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 read- ing of the Ordinance at this time, with the motion being made by Director Weeks, seconded by Director Benafield, and unanimous) adopted by the members of the Board of 264 NOVEMBER 16, 1982, Cont'd. 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor/ Director Jones - total 1. It was then announced that the Ordinance had PASSED. A public hearing had been advertised for this time and place, upon the question of the adoption of a Resolution of the Board of Directors of the City of Little Rock, authorizing a Memorandum of Intent to issue up to $4,000,000 industrial development revenue bonds for Iver Johnson Arms & Cycle Works, Inc., for the purpose of financing the costs of acquiring, constructing and equipping industrial facilities. Mayor Busse declared the public hearing open and with no one present to speak against the issue, he declared the public hearing closed and Resolution No. 6,897 was presented, entitled A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND IVER JOHNSON ARMS -& CYCLE WORKS, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUC ING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call followed and the Resolution was subsequently.adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey,,Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. A public hearing had been advertised for this time and place upon the question of issuance of Tourism Revenue Bonds for Little Rock Motels No. 2, Ltd., a Texas Limited Partnership. The public hearing was declared open by Mayor Bussey, who invited speakers to come forward. Mr. Bill Spivey, the Bond Attorney stated there is liti- gation pending on the use of Tourism Bonds for motel purposes and the bonds cannot be issued until the litigation is settled. There were no other comments, the public hearing was declared closed and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 14,,349 as follows) ' Ordinance No. 14,349 was presented, with the title being: 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 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND LITTLE ROCK MOTELS NO. 2, LTD., A TEXAS LIMITED PARTNERSHIP, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAIN- ING THERETO; AND DECLARING AN EMERGENCY; (Up to $10,000,000) 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 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; and a second reading of the Ordinance ensued. There was a motion made by Director Benafield, seconded by Director Weeks, 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 J S 6V NOVEMBER 16, 1982, Cont'd. of the Ordinance and described as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. The Ordinance, together with the Emergency Section, was then declared PASSED. Resolution No. 6,898 was considered at this time, entitled: A RESOLUTION GRANTING THE CONSENT OF THE CITY OF LITTLE ROCK AS LESSOR IN LEASE AND AGREEMENT DATED FEBRUARY 17, 1971, AS AMENDED, AND AS LESSOR WITH THE LITTLE ROCK MUNICIPAL PARKING AUTHORITY IN PARKING LEASE AGREEMENT DATED FEBRUARY 17, 1971, AS AMENDED, TO THE ASSIGNMENT BY CAMELOT INN - LITTLE ROCK, INC. AS LESSEE.OR LESSEE'S INTERESTS IN SAID LEASES TO DR. HORST D. OSTERY -411P OR TO A LIMITED PARTNERSHIP IN WHICH HE IS A GENERAL PARTNER, PURCHASER OF THE CAMELOT INN FROM CAMELOT INN - LITTLE ROCK, INC.; AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE CONSENT IN SUBSTANTIALLY THE FORM OF THE CONSENT ATTACHED TO AND MADE A PART OF THIS RESOLUTION; and there was a complete reading of the Resolution. A notion followed by Director Hubbell and seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution-subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Under "H" Routine Business, City Manager Mahlon Martin requested that consider- ation be given to the funding of the CETA Little Rock Job Training Program. It was agreed to consider the matter and Resolution No. 6,899 was presented, described as: A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE PRIVATE INDUSTRY COUNCIL FOR THE LITTLE ROCK JOB TRAINING PROGRAM FOR THE ALLOCATION OF ADDITIONAL FUNDS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Shackelford, seconded by Director Hubbell, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. City Manager Mahlon Martin also asked the Board of Directors to consider the rezoning of 10014 West Markham Street at the reconvened meeting to be held November 2 1982 at 9:30 o'clock A. M. The Board agreed to consider the rezoning at that time. Another request was made by Mr. Martin for Board consideration on the transfer of the Wrape Forest Act 9 Bond Project to Industrial Wood Products, Inc. when the Board reconvenes on November 23, 1982 at 9:30 o'clock A. M. The Board also agreed to consider this matter. Before the Resolution making appointments and reappointments to Boards and Commissions was presented, a discussion was held and nominations made to fill the positions. Director Benafield made a motion, seconded by Director Weeks that the following persons be named to the Little Rock Planning Commission: John Clayton - replacing Robert Wright Jim Summerlin - replacing Betty Turner -John Ulmer, Jr. - replacing Ron Tabor Richard Massie - reappointed A discussion followed in which Director Shackelford asked that Betty Turner be 26 i NOVEMBER 16, 1982, Cont'd. reappointed in accordance with Board Policy that when someone is appointed to fill an unexpired term, that they be reappointed to a full term. A roll call vote was then taken on the reappointment of Betty Turner and the appointment of James C. Summerlin, with the results being: For Mr. Summerlin - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5 ;. For Betty Turner - Director Shackelford - total 1. Vice Mayor /Director Jones was absent. Accordingly, James C. Summerlin was appointed to the Little Rock Planning Commission. A roll call was also taken on the appointments of John Clayton, John Ulmer, Jr. and the reappointment of Richard Massie with the response being: All Board Members present voting Aye on.the appointments with Vice Mayor /Director Jones absent. Therefore, the appointments as listed above were approved. Director Keith then made a motion, seconded by Director Weeks, that Melvin Styers and Robert T. James be reappointed to the Board of Electrical Code Appeals. The unanimous roll call vote of 6 ayes approved the reappointments, with Vice Mayor/ Director Jones being absent. Another motion followed from Mayor Bussey, seconded by Director Benafield, that Steve Smith be appointed to fill the unexpired term of James C. Summerlin, on the , Zoning Board of Adjustment. The unanimous roll call vote of 6 ayes approved the appointments,.with Vice Mayor /Director Jones being absent. After the appointments were approved Resolution No. 6,900 was presented, containing the following caption: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE LITTLE ROCK PLANNING COMMISSION, THE BOARD OF ELECTRICAL CODE APPEALS, AND THE ZONING BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Benafield, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford and Hubbell — total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Under "J" Citizen Communications, Mr. Wyck Nisbet, President of Senior Citizens Activities Today, Inc. (SCAT) was present and advised the Board of Directors that his ' organization intends to make application to the City for a $5,000 one -time funding to meet its budget requirements for the 1982 -83 fiscal year. Vice Mayor /Director Jones was enrolled. Pis. Milly Whitmeyer of 320 Carpenter Drive called to the attention of the Board of Directors, the Sunnymeade Area drainage problems and requested that something be done to alleviate the situation. A petition signed by property owners supporting the request was filed with the City Clerk. Mr. Bill Davies, Director of Public Works advised that recently, the City contracted with a local engineering firm, Garver & Garver, Inc. to do a detailed preliminary study for several serious drainage problems, and that the Sunnymeade problem was one to be studied in more detail. Mr. Mike Ryburn, 708 North Shackelford Road, representing Walnut Valley Property Owners and Terry Elementary School requested assistance in eliminating a dangerous situation in that:area consisting of traffic volume, traffic speed and large trucks. ' His suggested solutions included dead end Shackleford Road or erect stop signs on Shackleford Road at Breckenridge, Kings Mountain Drive and Tara Lynn. Mr. Ryburn was advised that the matter would be given to the Staff for study. 67 NOVEMBER 16, 1982, Cont'd. The last matter to be considered was a proposed Ordinance, entitled: AN ORDINANCE ESTABLISHING PLEASANT RIDGE STREET, WATER, DRAINAGE & SEWER IMPROVE- ' MENT DISTRICT NO. 636 OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the second time, having been read the first time on November 2, 1982 and left on the calendar for second reading. There was no motion for the suspension of the rules to permit the third and final reading, therefore the proposed Ordinance remained on the calendar. There was no further business to be presented or to come before the Board of Directors and upon motion by Director Weeks, seconded by Director Keith, and unanimous adoption by the Board Members present, the meeting was recessed at 9:20 o'clock P. M. to reconvene on Tuesday, November 23, 1982 at 9:30 o'clock A. M. to consider the conditional use permit for 10014 West Markham Street and Act 9 Bond Issues. ATTEST: / APPROVED: City Clerk Mayor •n n n n n n n i� .. n zs � Board of Directors Chamber Little Rock, Arkansas November 23, 1982 - 9:30 A. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the November 16, 1982 regular meeting with Vice Mayor Jones presiding in the absence of Mayor Bussey. City Clerk Jane Czech called the roll with the following Directors present: Directors Keith, Benafield, Shackelford and Hubbell - total 4; Absent - Director Weeks and Mayor Bussey,- total 2. With a quorum in attendance, Vice Mayor Jones declared the Board of Directors in session. The first presentation was Ordinance No. 14,350, containing the following title: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING AN INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY, AS LESSOR, AND OTTER CREEK PARK, AS LESSEE; AUTHORIZING AND PRESCRIBING OTHER MATTERS ' PERTAINING THERETO; AND DECLARING AN EMERGENCY; ($9,500,000) which Ordinance was read the first time. There was a motion made at this time by Director Keith 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 five in number and two - thirds ar,s_ more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A motion then followed from Director Keith, again seconded by Director Shackelford, that the rules be further.suspended to provide for the third an final reading of the Ordinance, 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. 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, Benafield, Shackelford, Hubbell ' and Vice Mayor Jones - total 5; Noes - None; Absent - Director Weeks and Mayor Bussey - total 2. 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, Benafield, Shackelford, Hubbell and Vice Mayor Jones - total 5; Noes - None; Absent - Director Weeks and Mayor Bussey - total 2. Whereupon, the Ordinance to- gether with the Emergency Section, was declared PASSED. A Resolution had been placed on the Agenda entitled: "A Resolution authorizing the approval of a proposal by Industrial Wood Products, Inc., to assume the obliga- tions and to succeed to the rights of Wrape Forest Industries, Inc., under the terms of the terms of the City of Little Rock, Arkansas Industrial Development Revenue Bonds (Wrape Forest Industries Project) dated January 1, 1980; Authorizing and direct- ing the Mayor and City Clerk to execute and deliver the proposal on behalf of the ' City; Authorizing and directing the Mayor and City Clerk to execute and deliver such documents as are necessary to permit the assumption by Industrial Wood Products, Inc., including, but not limited to, A Lease Agreement and Guaranty Agreement: And prescribl ing other matters relating thereto." Mr. John Haley, the Bond Attorney was present 11,69 NOVEMBER 23. 1982, Cont'd. and requested that the Resolution be deferred until the next Board of Directors i Meeting on December 7, 1982. He explained that Worthen Bank & Trust Company, which is the trustee for the bond issue, apparently intends to weigh other offers before ' making a commitment to White River Industries for the wood products operation. There- fore, the proposed Resolution was withdrawn from the agenda. The last matter to be considered was a proposed Ordinance, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 10014 MARKHAM STREET (Z- 3912), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for a veterinary clinic in "0 -3" District) and the Ordinance was read the first time. A discussion followed with Board Members advising they had received telephone calls from residents in the area who oppose the conditional use permit. Mr. Larry Peters, representing Dr. Frichman, said the main reason residents are objecting is because they think dogs will be running loose around the fenced area; which is not the case. Mr. Peters told the Board Members the reason he requested the matter be considered at a reconvened meeting was to get construction underway immediately before the onset of winter weather. 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 at the December 7, 1982 Board of Directors Meeting. There being no further business to be presented, it was moved by Director Hubbell, seconded by Vice Mayor Jones, and unanimously carried that the meeting be adjourned at 10:00 A. M. and that the Board meet again in regular session on Tuesday, December 7, 1982 at 7:30 o'clock P. M. ATTEST: APPROVED: (/ City Clerk ce Mayor/ Board of Directors Chamber Little Rock, Arkansas December 7, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, 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: The Invocation was given by Vice Mayor Jones. A public hearing had been scheduled and advertised for this time and place on Revenue Sharing Funds for 1983. Mayor Bussey declared the public hearing open and invited speakers to come forward and voice opinions. There was no one present to address the issue and the public hearing was declared closed. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the'Plinutes of the previous meeting held November 16, 1982 ' I and the reconvened meeting held November 23, 1982.. (b) The Abstract of Votes cast for Annexation Ordinance No. 14,302, and Board of Director candidates, at the November 2, 1982 General Election. (c) Resolution No. 6,901, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITE MANAGER TO AWARD CONTRACTS FOR DRAINAGE IMPROVEMENTS AT 46TH AND FOSTER STREETS AND FOR WORD PROCESSING EQUIPMENT FOR THE CITY ATTORNEY'S OFFICE; AND FOR OTHER. PURPOSES. By motion from Director Shackelford, seconded by Director Hubbell, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b) The Abstract of Votes cast at the November 2, 1982 General Election was received and filed; and (c) Resolution No. 6,901 was read in full and adopted by the following roll ' call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The proposed rezoning of Lots 1, 2, 3, 4, 5, 6 and 12, Block 3, Perry Heights Addition to the City of Little Pock (Z -3863 & Z- 3871), from "R -6" High Rise Apartment District to "C -3" General Commercial District, was again considered. (The proposal had been denied by the Planning Commission August 31, 1982, when applications were filed by Steve Freeman and R. J. Yelenich for the purpose of constructing a "Road- runner" service station and convenient store. Public Hearing on the appeal of the Planning Commission's denial was held before the Board of Directors on October 5, 1982 I Strong neighborhood opposition was presented at the hearing. The Ordinance was read i the first time October 5th, with the rules having been suspended for second and third readings, with the final vote delayed for sixty days in order for a possible compromis to be reached between the residents and applicants.) Mr. Ned Wright, Attorney for the five property owners seeking the rezoning spoke to the Board stating, "this is clearly , a commercial site, the best use is commercial, and the staff recognizes this." Mrs. Mary Rachel Williams, Ms.. Amelia Metrailer, Mr. William C. Dougan, Mr. Jim Orsini and Ms. Sharon Vaughn spoke in opposition commenting the rezoning was not in the best V X71 DECEMBER 7, 1982, Cont'd. interest of the neighborhood, or the City; a twenty -four hour establishment is not needed; and, no attempt was made for a compromise with residents during the sixty day ' delay on the vote on the Ordinance. Mr. Nathaniel Griffin, Director of Comprehensive Planning stated that the Staff feels the best interest would be for all the property owners to join together for a larger development, inasmuch as the most probable long- ' term potential is commercial and office development. There was no further discussion and the following roll call vote was taken on the Ordinance entitled: "AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF FAIR PARK BOULEVARD, BETWEEN I -630 AND 9TH STREET, LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES" - Ayes - Director Keith - total 1; Noes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Absent --None. Mayor Bussey then announced that the Ordinance had FAILED to be passed. Introduced at this time was Ordinance No. 14,351, containing the following title: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 10014 MARKHAM STREET (Z- 3912), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for animal clinic in "0 -3" General Office District) and the Ordinance was read the second time, having been read the first time on November 23, 1982 and left on the calendar after neighborhood opposition was presented. A motion was made by Director Benafield, seconded by Director Weeks, for the suspension of the rules to allow for the third and final reading. 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. The Ordinance was then read the third and last time with an Aye and No Vote taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Keith - total 1; Absent - None. The Ordinance was then declared PASSED. ' The following applications for a Special Use Permit as approved by the Planning Commission were presented at this time: Z -3910 - From Rosie Lee Abraham, 1717 West 15th Street'(E 57' of Lot 1, Block 23, Centennial Addition) for a day -care family home in "R -4" Two - family District. Z -3919 - From Eugene and Donna Atha, 309 Burnside Drive (Lot 29, Brucewood Addition) for a day -care family home in "R -2" Single - family District. No opposition was presented to the Special Use Permits and Ordinance No. 14,352 was presented, with the title being: AN ORDINANCE ISSUING SPECIAL USE PERMITS TO PERMIT DAY -CARE FA14ILY HOPES 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 Hubbell, seconded by ' Director Jones, and unanimously adopted by the Board Members present, being seven in number two - thirds the the Board Directors - There and or more of members of of elect. was a second reading of the Ordinance, after which there was a subsequent motion made by Director Jones, seconded by Director Hubbell, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous J 2721 DECEMBER 7, 1982, Cont'd. vote of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The following Zoning Petitions, as approved by the Planning Commission were presented at this time: Z -3890 - From Ruby J. and Harold C. Jones to rezone 9200 Geyer Springs Road, described as Lot B, Shanks Subdivision of the South 1/,2 South 1/2 Northeast 1/4 North- east 1/4, Section 1, Township 1 South, Range 13 West, in Pulaski County, Arkansas, from "R -2" Single - family District to "0 -3" General Office District. Z -3909 - .From J. E. Hathaway for Oscar Kochtitzky, to rezone the Northwest corner of I -30 and Otter Creek Road Interchange (long legal description) from "R -2" Single- family District to "C -3" General Commercial District. Z -3911 - From Tom Mertens and Fred Belote, to rezone 8502 Asher Avenue (long legal description) from "C -3" General Commercial District,.to "C -4" Open Display ' District. Z -3914 - From Ben McMinn for W. C. McMinn Company, Inc., to rezone 7.89 acres north of I -30, just west of Barn Bedroom (long legal description) from "R -2" Single- family District to "C -3" General Commercial District. Z -3915 - From Ronnie Hall for the Otter Creek Village (long legal description) from "R -2" Single- family District to "C -3" General Commercial District. No opposition was presented to the rezoning of the above - described properties and the Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,353 as follows) 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 said Ordinance was read the first time; after which there was a motion by Director Jones, seconded by Director Weeks, that the rules be suspended and the Ordinance be , placed on second reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 Ordi- nance, with the motion again being made by Director Jones, again 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 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At this point in the meeting Mayor Bussey requested that Vice Mayor Jones preside , over the following Zoning issue, and a proposed Ordinance was presented, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1864 -1872 STATE STREET (Z- 3855 -A), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER 73 DECEMBER 7, 1982, Cont'd. I PURPOSES; (Property to be used as a non - profit agency - Dancers of Wealth School of Thought in "R -4" District.) ' with there being a first reading of the proposed Ordinance. A lengthy discussion followed regarding the proposed use of the property. Mr. William Coleman of 1827 North Jackson spoke on behalf of the conditional use, advising that he is very interested in the organization of martial arts type activities and was appointed to the Board of Advisors. He further stated that this type of facility will benefit the community and those interested in learning. Director Hubbell reminded that the issue before the Board of Directors is a zoning matter and not related to the activities offered. Mr. Melvin Moss of 1923 Cumberland Street, who is the owner of the property stated that he has been at this location for the past ten years, having taught and practiced in the building as it now exists, which is badly in need of repairs. He said the main purpose of the conditional use permit is to allow him to rejuvenate the building and improve the property. He explained the type of dances to be taught, and that a library and meeting room will be provided. A petition was filed signed by ' persons recommending the approval of, and expressing the need for that type of facilityl Upon question by Director Shackelford, Mr. Moss advised funds for the improvements had been obtained from Worthen Bank and Trust Company. Mayor Bussey commented that not knowing the mechanics of the organization was frightening, and.that one can not see from the street due to the construction of a concrete wall. Upon question by Board Members, Police Chief Simpson said that drug related problems had existed in a three or four block area in the vicinity, but he did not know of any on.the subject property. Mrs. Tesha Benham, 720 West 19th Street, and Mr. Joe Rucker, 1857 State Street, spoke for the conditional use permit. Mr. William Smedley, 723 West 19th Street was the only person speaking in opposition. He said he was totally against this proposal,.mainly because it would give this neighborhood a bad type of operation and it would be difficult to separate the good from the bad. There was no further discussion and it was generally agreed to leave the proposed Ordinance on the calendar for second reading. ' At this time, Vice Mayor Jones relinquished the chair to Mayor Bussey who continued to preside over the remainder of the meeting. Ordinance No. 14,354 was the next presentation, containing the following caption: AN ORDINANCE ESTABLISHING PLEASANT RIDGE STREET, WATER, DRAINAGE & SEWER IMPROVE- MENT DISTRICT NO. 636 OF LITTLE ROCK, ARKANSAS; and there was a third and last reading of the Ordinance. A public hearing was held November 2, 1982 with opposition being presented, at which time the proposed Ordinance was read the first time. The second reading of the proposed Ordinance occurred at the November 16, 1982 Board of Directors Meeting with it remaining on the calendar for third and final reading. A discussion ensued in which Director Benafield said he had spent time with Attorney David Henry and Mr. Louis Schickel on Monday and Tuesday, along with Director Weeks, regarding the establishment of this district. He stated one of the concerns, and the Board's concern, was that this district was being formed ' and there was a small group of people who would not be a part of it; adding, "I got the impression that if they could be a part of it, there might not be any opposition." Director Benafield further stated he had received a letter from Mr. Schickel saying he i would be pleased to include them, if they chose to be included. He also received a note from Mr. Schickel's attorney informing that when the property owners decide they ,V 274 DECEMBER 7, 1982, Cont -d. want to be annexed, he will prepare the documents without charge. Mr. David Henry, attorney and resident on Woodland Heights Road advised, "again, we do not oppose the construction of this street, Pleasant Ridge Road, in the Master Street Plan. If we could be included in the district with the understanding that we could be cul -de- saced to prohibit access to this new major arterial, we welcome that." In May and June of 1981, the Board of Directors adopted Resolutions endorsing a cul -de -sac approach to Fairview and Woodland Heights Roads and directing Public Works to assist with the private improvement district, once it is formed, to ensure that construction conforms to City standards. Mr. Henry continued that, "we want our residential streets protected from this arterial street and are asking that you not approve this until the boundaries are redrawn to let all the property owners who are affected by this, have their vote by value or assessment, which to me, is the most Democratic way to do it." At this point, Director Benafield commented that the cul -de -sacs are separate issues and the Board of Directors has the power to open and close streets. Mr. Henry responded that he wanted to make sure the approval of this district does not open that up again. Upon question by Director Weeks, City Manager Mahlon Martin advised the two cul -de -sac Resolutions are still in effect. Mr. Nathaniel Griffin, Director of Comprehensive Planning expressed the need for the new arterial street. Director Benafield stated so far as he was concerned, the district will be built and will bring jobs. Mr. Henry advised that he was of the opinion that the Staff thought if this improvement district is created with the improvements as planned, the creation of the district would override the Resolutions regarding the cul -de -sacs. Again, City Manager Mahon Martin stated the two Resolutions regarding the cul -de -sacs are still in effect. There was no further discussion and the following roll call vote was taken: Ayes - Directors Keith,'Benafield, Weeks, Mayor Bussey, Directors Shackel- ford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Mayor Bussey announced that the Ordinance had PASSED. Director Shackelford was excused. Consideration was then given to Ordinance No. 14,355, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT #3 TREASURE HILLS ROAD (Z- 3917), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR , OTHER PURPOSES; (Property to be used for mini - warehouse in "C -3" District) which Ordinance was read the first time. Director Jones stated there are sixteen residents who are opposed to any further development in this area. A protest petition signed by property owners in 'the Treasure Hill Addition was filed with the City Clerk. A notion was then made by Director Hubbell, seconded by Director Benafield, 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 -thir 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 Hubbell to again suspend the rules and'.place the Ordinance on third and final reading, which motion was seconde by Director Weeks, 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, Benafield, Weeks, Mayor Bussey and Director Hubbell total 5; Noes - Director Jones - total 1; Absent - Director Shackelford - total 1., J �j jj' 75 DECEMBER 7, 1982, Cont'd. Therefore, the Ordinance was declared PASSED. i Ordinance No. 14,356 was next presented, entitled: AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PRD DISTRICT ENTITLED "ANDOVER SQUARE PHASE II" IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 13,045 AND CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CITY OF LITTLE ROCK CODE OF ORDINANCES; AND FOR OTHER PURPOSES; (Z- 2904 -B) and said Ordinance was read the first time, followed by a motion by Director Benafield, seconded by Director Weeks, 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 I reading of the Ordinance at this time; with the motion being made by Director Benafield seconded by Director Hubbell, 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 was an Aye and No Vote taken o n the question, Shall the Ordinance Pass with the result. recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,357, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR REESTABLISH- . MENT OF A PRD DISTRICT TITLED "HICKORY CREEK CONDOMINIUMS, Z- 3754 -D IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING BOTH ORDINANCE NO. 14,296 AND CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CITY OF LITTLE ROCK CODE OF ORDINANCES; 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 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 further suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director 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 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, Bena- field, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6;_ Noes - None; Absent - .Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,902 was considered at this time, with the title being: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS TO CONVEY EXCESS RIGHT -OF -WAY ON EAST ROOSEVELT ROAD; and after a complete reading of the Resolution, there was a motion by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. (See Alinutes 11 -16 -82 re: petition by Bob Hess to close portion of R.O.W. on East Roosevelt Road) 27 i DECEMBER 7, 1982, Cont'd. Resolution No. 6,903 was presented, entitled: A RESOLUTION AUTHORIZING THE APPROVAL OF A PROPOSAL BY CONESTOGA WOOD SPECIALTIES, INC., TO ASSUME THE OBLIGATIONS AND TO SUCCEED TO THE RIGHTS OF WRAPE FOREST INDUSTRIES ' INC., UNDER THE CITY OF LITTLE POCK, ARKANSAS INDUSTRIAL DEVELOPMENT REVENUE BONDS ( WRAPE FOREST INDUSTRIES PROJECT) DATED JANUARY 1, 1980; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER THE PROPOSAL ON BEHALF OF THE CITY; AUTHOR- IZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SUCH DOCUMENTS AS ARE NECESSARY TO PERMIT THE ASSUMPTION BY CONESTOGA WOOD SPECIALTIES, INC., INCLUDING, BUT NOT LIMITED TO, A LEASE AND AGREEEMENT AND GUARANTY AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A motion was then made by Director Hubbell, seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Introduced at this time was Ordinance No. 14,358, containing the following caption: , AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND FOR LEGAL FEES FOR HOUSE, HOLMES AND JEWELL LAW FIRM, AND FOR OTHER PURPOSES; ($1,345.10) I and there was a first reading of the Ordinance. A motion was then made by Director Hubbell 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 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 Hubbell, for a further suspension of the rules to allow for the third and final reading I 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 taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Keith, Benafield, Weeks, i Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. i A proposed Ordinance to levy a privilege fee upon the Little Rock Municipal I Water Works was placed on the Agenda, but was withdrawn and no action was taken. Consideration was then given to Ordinance No. 14,359, entitled: AN ORDINANCE AMIENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE 110. 11366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1983; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hubbell, seconded by Director Benafield, 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 the second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the ! 77 DECEMBER 7, 1982, Cont'd. I Ordinance at this time, with the motion being made by Director Hubbell, seconded by Director Weeks, and adopted by unanimous vote of the members of the Board of Directors ' elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - None; Abstaining - Vice Mayor /Director Jones - total 1; 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, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - None; Abstaining - Vice 14ayor /Director Jones - total 1; Absent - Director Shackelford - total 1. The Ordinance, together with the Emergency Section, was then declared PASSED. Ordinance No. 14,360 was the next presentation, described as: AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1983; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ' and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Benafield, 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 Hubbell, seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, bein 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, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. ' The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was then announced that the Ordinance, together with the Emergency Section, had PASSED. Ordinance No. 14,361 was presented, entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AMENDING SECTION 9 OF ORDINANCE NO. 11683; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Hubbell, seconded by Director Benafield, that the rules be suspended and the Ordi- nance 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 Ordi- nance at this time by a motion made and seconded by Directors Hubbell and Weeks, respectively, and unanimously adopted by the Board Members present, being six in 278 DECEMBER 7, 1982, Cont'd. number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, ' Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Mayor Bussey then announced that the Ordinance, together with the Emergency Section, had PASSED. Ordinance No. 14,362 was presented with the title being: AN ORDINANCE APPROPRIATING $47,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR A DEFICIT IN THE UNEMPLOYMENT INSURANCE BUDGET ACCOUNT; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, secondel ' by Director Benafield, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Benafield and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - 'Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Resolution No. 6,904 was the next presentation, containing the following title: A RESOLUTION AUTHORIZING THE TRANSFER OF $100,000 FROM THE UNENCUMBERED BALANCE OF THE PUBLIC WORKS DEPARTMENT OPERATING BUDGET TO SPECIAL PROJECT ACCOUNT TITLED ' "CORPORATION CUT CONTRACT" AND ENCOURAGING THE LITTLE POCK WATER WORKS DEPARTMENT TO REPAIR CUTS IN CITY STREETS FOR WHICH THEY ARE RESPONSIBLE; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Hubbell, seconded by Director Benafield, and by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. A proposed Ordinance was then presented, entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with there being a first reading of the proposed Ordinance. Mr. Townsend Wolfe, Director of the Arkansas Arts Center, presented a request that a one -time appropriatio• ' of $200,000 be included in the 1983 Budget, to help finish the restoration of the Terry Mansion for use by the Arts Center, which was deeded to the City by the Terry Family. Attorney Robert Shults spoke in support of the request commenting that, "we have a strong moral obligation to preserve this structure." Mr. William L. Terry P79 DECEMBER 7, 1982, Cont'd. and his family were present to fully support the restoration project. Ms. Amanda Saar of Rape Crisis, Inc., was also present and requested a one -time appropriation of $10,000 for the operation of that agency in 1983. She explained that the agency operates a 24 -hour hot line and in the first ten months of 1982, there have been 180 victims. Director Hubbell then made a motion, seconded by Director Weeks, that the Ordinance be amended to include these two appropriations. The motion was unanimously adopted by voice vote of the Board Members present. City Manager Mahlon Martin advise the Board of Directors that unless an appropriation of $89,500 is provided, the South Little Rock Community Center will not be able to operate during 1983. Director Bena- field then moved that "the Ordinance be further amended to appropriate $89,500 for the 1983 operation of the community center." The motion was seconded by Director Weeks an unanimously adopted by voice vote of the Board Members present. Mr. E. Jack Murphy, Director of Finance made a brief presentation regarding the proposed 1983 Budget. There was no further discussion and the proposed Ordinance, as amended, remained on the calendar for second reading on December 21, 1982. Introduced at this time was Resolution No. 6,905, described as: ' A RESOLUTION ADOPTING A STATEMENT OF POLICY REGARDING USE OF MURRAY PARK FOR EVENTS INVOLVING THE SALE OF BEER; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Jones, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The next matter to be considered was Ordinance No 14,363, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 14,254 REGULATING OFF PREMISE SIGNS; AND FOR OTHER PURPOSES; (Section 4.07 d.) and said Ordinance was read the first time; after which there was a motion by Director ' Hubbell, seconded by Director Benafield, 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 Ordi- nance at this time, with the motion being made by Director Benafield, seconded by Director Weeks, 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 herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total - 1. Whereupon, the Ordinance was declared PASSED. ' The last matter to be presented was Ordinance No. 14,364, entitled: AN ORDINANCE ESTABLISHING A NINETY DAY MORATORIUM ON THE ISSUANCE OF BILL BOARD PERMITS; and there was a first reading of the Ordinance. Vice Mayor /Director Jones expressed fear that litigation might be initiated contending that the Board's action constituted -in III I� 28 'DECEMBER 71 1982, Cont'd. restraint of trade if a moratorium is declared. A motion followed by Director Hubbell which was seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading; with the motion being adopted by the following voice vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Vice Mayor /Director Jones - total 1; Absent - Director Shackelford - total 1. With the adoption of the motion to suspend the rules, the Ordinance was subsequently read the second time, resulting in a motion again.made by Director Hubbell and second- ed by Director Benafield, for a further suspension of the rules to allow for the third and final reading of the Ordinance. Again, the motion was adopted by the following voice vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Vice Mayor /Director Jones - total 1; Absent - Director Shackelford - total.l. With the motion being adopted, there was a third and final reading of the Ordinance. The Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Vice Mayor /Director Jones total 1; Absent - Director Shackelford - total 1. The Emergency.Clause contained in Section 2 of the foregoing Ordinance was then ' read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey and Director Hubbell - total 5; Noes - Vice Mayor /Director Jones - total 1; Absent - Director Shackelford - total 1. Mayor Bussey then announce that the Ordinance, together with the Emergency Section, had PASSED. There being no further business to be presented, it was moved by Director Keith, seconded by Director Benafield, and unanimously carried that this meeting be adjourned at 10:15 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, December 21, 1982. ATTEST: APPROVED: City Clerk Mayor I Y ��281 Board of Directors Chamber Little Rock, Arkansas December 21, 1982 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks, 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 Keith. A group of children from the City of Little Rock Pre - School Program at the East Little Rock Community Complex was present to sing Christmas carols and present out- going Director A. M. "Sandy" Keith, with a bronze plaque in appreciation of his support of the projects and programs at the Complex. City Manager Mahlon Martin introduced Ms. Betty Lewis, teacher, Ms. Lucy Jackson, supervisor, and Ms. Mabel ' Mitchell, the administrator, of the pre - school program. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held December 7, 1982. i (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1982.. (c) Resolution No. 6,906, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR CONCRETE PICNIC TABLES, CANOPY FOR SERVICE STATION AT THE CITY MATERIAL YARD, COMPUTER EQUIPMENT PREVENTATIVE MAINTENANCE CONTRACT, ANNUAL CONTRACTS FOR THE PURCHASE OF PARTS AND MAINTENANCE SERVICE AND REPLACEMENT PARTS FOR SPRINKLER SYSTEM; AND FOR OTHER PURPOSES. (d) Resolution No. 6,907, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR ' PROVIDING A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES; AND FOR OTHER PURPOSES. I (e) Resolution No. 6,908, described as: A RESOLUTION ESTABLISHING FEES FOR THE USE OF TENNIS CENTERS. (f) Resolution No. 6,909, containing the following title: A RESOLUTION REPEALING RESOLUTION NO. 6,341 AND AUTHORIZING THE CITY MANAGER TO ESTABLISH RULES, REGULATIONS, TERMS, CONDITIONS, DUTIES, i RESPONSIBILITIES, RIGHTS AND PRIVILEGES AS RELATED TO THE EMPLOY14ENT AND /OR RETENTION OF A PERSON TO SERVE AS TENNIS PRO MANAGER OF THE TENNIS CENTERS; AND FOR OTHER PURPOSES. (g) Resolution No. 6,910, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE GEYER SPRINGS AT VALLEY DRIVE DRAINAGE PROJECT; AND FOR OTHER PURPOSES. ' (h) Resolution No. 6,911, with the title being: A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD ON BEHALF OF ERC FOUNDATION, INC., AN ARKANSAS NONPROFIT CORPORATION; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. / 28 DECEMBER 21, 1982, Cont'd. By 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 were approved as written , and summarized to the members of the Board of Directors; (b) The Comparative State- ment of Income Account of the Little Rock Municipal Water Works was received and filed and (c, d, e, f, g and h) Resolutions No, 6,906, 6,907, 6,908, 6,909, 6,910 and 6,911 were read in full and adopted by the following roll call vote: Ayes - Directors Keith Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - Phone; Absent - None. Introduced at this time was a proposed Ordinance entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1864 -1872 STATE STREET (Z- 3855 -A), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property.to be used as a non - profit agency in "R -4" District - Dancers of Wealth School of Thought) and the Ordinance was read the second time, having been read the first'time on Dec- ember 7, 1982 and left on the calendar after strong opposition was presented. Mr. ' Melvin Moss who owns the property and directs the "Dancers of Wealth School of Thought" at 19th and State Streets was the first speaker. Mr. Moss again, explained the purpose of the permit was to improve the property, which is to include a library and meeting room. Those present in support of the conditional use permit were Gene Flinter, Tesha Benham, Shirley McCrary, Joe Rucker and Robert "Say" McIntosh. Mr. McIntosh said, "this young man should not be singled out - this guy should get a medal for improving the property." Director Hubbell said granting the permit could present a legal problem because the Montessori School's Conditional Use Permit at 5419 Kavanaugh Boulevard was not approved. Vice Mayor /Director Jones agreed that the Board could not legally grant the permit to allow some of the school's proposed activities in a residential zone. Mr. Nathaniel Griffin, Director of Comprehensive Planning, supported the project, although he said after weeks of dealing with the school's proposal, he wasn't sure about the "nature" of the schools operations. There was no further discussion and a motion was made by Director Jones, seconded by Director Hubbe ' to suspend the rules and place the Ordinance on third and final reading, which was of the Board of Directors resent, being seven adopted by unanimous vote of the members p g 1 in number and two - thirds or more of the members of the Board of Directors - elect. Therl was a third and last reading of the Ordinance, after which an Aye and No Vote was i taken on the passage of the Ordinance and resulted as follows: Ayes - Director Shacke ford - total 1; Noes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Hubbell and Jones - total 6; Absent - None. Whereupon, the Ordinance was declared to have FAILED. Consideration was then given to Ordinance No. 14,365, with the title being: 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; (Z- 3660 -A - 0.77 acres S/W of Otter Creek Mall Site, and Z -3933 - 25.64 acres at I -30 & Mabelvale West Interchange - Texaco Truck Stop Site) , which Ordinance was read the first time. A motion followed by Director Hubbell, seconded by Director Weeks, 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 83 DECEMBER 21, 1982, Cont'd. of Directors present, being seven 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 final read i ' ing of the Ordinance at this time; with the motion being made by Director Benafield, seconded by Director Weeks, 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 question, Shall the Ordinance Pass, with the result i recorded as follows: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. A public hearing had been scheduled and advertised for this time and place to hear persons wishing to speak for or against the proposal to issue $2,500,000 Industrial Development Revenue Bonds for Hoover Universal, Inc. Mayor Bussey declared the public hearing open and when no one appeared to speak in opposition, he declared the public hearing closed, and Ordinance No. 14,366 was presented, entitled: ' AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF FINANCING OF COSTS OF "FACILITIES" WITHIN THE MEANING OF THE MUNICIPALITIES AND COUNTIES INDUSTRIAL DEVELOP- MENT BOND LAW FOR SALE TO HOOVER UNIVERSAL, INC.; AUTHORIZING THE ISSUANCE OF ADDITION- AL BONDS; PROVIDING FOR THE ASSIGNMENT OF AND GRANT OF A SECURITY INTEREST IN REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT PERTAINING TO THE PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND FOR SECURING FURTHER THE PAYMENT OF SAID BONDS; AUTHORIZING THE ASSIGNMENT OF THE INSTALL - MENT SALE AGREEMENT BY THE INDENTURE TO PROVIDE FURTHER SECURITY FOR THE PAYMENT OF SAID BONDS; AND DECLARING AN EMERGENCY; 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 the second reading of the Ordinance, a motion was 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 Jones, seconded by Director Hubbell, and adopted by unanimous vote of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. 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, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. The next presentation was Ordinance No. 14,367, described as: AN ORDINANCE AUTHORIZING A LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND ALLIED TELECOMMUNICATIONS SYSTEMS, INC.; AND DECLARING AN EMERGENCY; (Communications System for use by the City of Little Rock Advertising & Promotion Com.) i 284 DECEMBER 21, 1982, Contid.' and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Benafield, 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, seconded by Director Weeks, to further suspend the rules an place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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, Benafield, Meeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then adopted b the following roll call vote: Ayes - Directors Keith, Benafield, read and Y P Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency , Section, had PASSED. Ordinance No. 14,368 was presented, entitled: I AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the second time, having been read the first time on Dec- ember 7, 1982. There was no discussion and a motion followed by Director Benafield, seconded by Director Weeks, 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 the Ordinance was read the third and last time. A roll call vote was taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey,- Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 10 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director's Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. The next matter to be considered was Ordinance No. 14,369, with the title being: AN ORDINANCE ESTABLISHING A DAILY FEE TO BE CHARGED TO A COUNTY FOR KEEPING PRISONERS OF THAT COUNTY IN THE CITY OF LITTLE ROCK JAIL; AND FOR OTHER PURPOSES; ($20.00 per day) and said Ordinance was read the first time; after which there was a motion by Director Hubbell, 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 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 V I tit DECEMBER 21, 1982, Cont'd. I this time, with the motion being made by Director Keith, seconded by Director Benafiel 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, Benafield, Weeks, Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. The last matter to be considered was Resolution No. 6,912, containing the follow- ing caption: A RESOLUTION COMMENDING THE CITY STAFF AND COMMUNITY VOLUNTEERS WHO DONATED THEIR TIME AND EQUIPMENT IN RESPONSE TO THE TORNADO DISASTER ON DECEMBER 2, 1982; AND FOR ' OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Keith, seconded by Director Weeks, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Benafield, Weeks, Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There being no further business to be presented, it was moved by Director Hubbell seconded by Director Benafield, and unanimously carried that this meeting be recessed at 8:15 o'clock P. M., and that the Board of Directors reconvene on Wednesday, December 29, 1982 at 1:30 o'clock P. M., for the purpose of considering any further last minute budget items. I ATTEST: APPROVED: U City Clerk (f Mayor I I I I I 286 Board of Directors Chamber Little Rock, Arkansas December 29, 1982 - 1:40 P. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the December 21, 1982 regular meeting with Mayor Bussey presiding; and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Benafield, Weeks and Hubbell - total 4; Absent - Directors Shackelford and Jones - total 2. Mayor Bussey announced that a quorum was present and the proceedings of the meeting are recorded as follows. The purpose of the reconvened meeting was to consider a loan to the Little Rock Advertising and Promotion Commission, since there were no further budget items to be considered. Ordinance No. 14,370 was then presented, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND TO BE USED AS A LOAN TO THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES; ($877,271.90 to be repaid with interest at a rate one -half percent above the amount the City is receiving on government securities or investments in local banks.) ' and there was a first reading of the Ordinance; after which the rules were suspended to provide for the second reading of the Ordinance at this time, by motion from Director Keith, seconded by Mayor Bussey. 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 the Ordinance was read the second time. A motion was then made for a further suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Mayor Bussey, seconded by Director Weeks, 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. Upon the third and last reading of the Ordinance, the question, Shall the Ordinance Pass, was submitted to the following roll call vote: Ayes - Directors Keith, B•enafield, Weeks, Mayor Bussey and Director Hubbell - total 5; , Noes - None; Absent - Directors Shackelford and Jones - total 2. An announcement was made that the Ordinance had PASSED. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Keith, and unanimously carried that this meeting be adjourned at 1:50 o'clock P. M. sine die. ATTEST: APPROVED: I City Clerk Mayor i I J 1111287 Board of Directors Chamber Little Rock, Arkansas January 4, 1983.- 7:30 P. M. The Fourteenth 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, 1983; with City Attorney Jack Magruder presiding as temporary Chairman prior to the election of a Mayor and Assistant Mayor from the membership of the Board of Directors. Also present were Jane Czech, City Clerk, and the following Directors and Directors - elect: Director -elect Bob Hess, Position No. One; Director -elect J. W. Benafield, Position No. Two; Director Gale F. Weeks, Position No. Three; Director -elec Charles Bussey, Position No. Four; Director Lottie L. Shackelford, Position No. Five; Director Webster L. Hubbell, Position No.•6; and Director Myra Jones, Position No. Seven; Absent - None. It was announced that a quorum was present and the following is an account of 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, 1983 by the Honorable John Langston, Pulaski County Circuit Judge: Director Bob Hess, Position No. One; Director J. W. Benafield, Position No. Two; and Director Charles Bussey, Position No. Four. Upon motion of Director Hubbell, seconded by Director Jones, and by i 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 J. W. Benafield, by motion of Director Weeks, seconded by Director Hess. There were no other nominations and a subsequent motion was made by Director Hubbell, seconded by Director Shackelford, that Director Benafield be elected by acclamation. The motion was adopted by un- animous viva voce vote of the Board of Directors present and Chairman Magruder declared that Director J. W. Benafield had been elected to serve a term of two years as Mayor of the City of Little Rock, Arkansas, beginning at this time and ending December 31, 1984. At this point, newly - elected Mayor Benafield made the following.statement: "This past year has been especially meaningful for me. First, I was selected by you to fill the unexpired term of Judge John Langston as City Director. Then, I received another great honor in being elected City Director by a majority of voters in Little Rock in last November's Election. But, tonight I have received from you the most meaningful honor of all -- having been chosen by you to serve as your Mayor. I realize the responsibility of this office -- and commit to you that I shall work very hard to justify your confidence in me. During my campaign for City Director, I pledged to maintain the basic City services that sustain the quality of life we have always enjoyed in Little Rock. The one problem I hear over and over again is concern about high unemployment. Together - we can make a very real contriSution in wor ing to attract industry to our City, which will create more jobs for the citizens of Little Rock. We have too much human suffering within our City, that has been brought about by high unem —p o— yment. There is not one of you here tonight who does not have a friend or relative, or knows someone who is unemployed and has witnessed firsthand the loss and sacrifice unemployment brings. I gas 111 1�1 JANUARY 4, 1983, Cont'd. I believe that our economic problems have reached the bottom, and we can look forward to an upturn in economic conditions in 1983. Those of us who have been elected to serve the public must make every effort to see that Little Rock has its share of new industry and new job opportunities during the coming year. Our Administration will dedicate itself to seeing that these opportunities will be available to the people of Little Rock. I look forward to being a part of the growth and prosperity of our City. Thank You." ' Director Weeks made a statement at this time in which he said his name had been mentioned as a candidate for Vice Mayor. Due to personal commitments to his business, he asked that his name be withdrawn as a candidate for Vice Mayor. The election of the Assistant Mayor, referred to as Vice Mayor, was then in order and upon motion of Director Hubbell, seconded by Director Shackelford, the name of Director Myra Jones was placed in nomination. There were no other nominations and a motion followed by Director Weeks, seconded by Director Benafield, that Director Jones be elected Vice Mayor by acclamation. The motion was adopted by unanimous viva voce vote of the Board of Directors present, and Director Jones was elected to serve a term of two years as Vice Mayor of the City of Little Rock, Arkansas, beginning at this time and ending December 31, 1984. This being the first meeting of the Fourteenth Board of Directors since the ' sine die adjournment of the Thirteenth Board of Directors on December 29, 1982, it was declared that the purpose of this organizational meeting had been accomplished and the Fourteenth Board of Directors of the City of Little Rock had been duly convened and organized. , Upon motion of Director Weeks, seconded by Director Jones, the new Board of Directors of the City of Little Rock, Arkansas adjourned at 7:40 o'clock P. M., to meet again in regular session immediately following this organizational meeting. ATTEST: � ( APPROVED: / Jane Czech, City Clerk J. W. Benafield, Mayor I .4 •. •. 1, iV .. n iV � l� i �� I I 89 Board of Directors Chamber Little Rock, Arkansas January 4, 1983 - 7:40 P. M. I The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows. The Invocation was given by Mayor Benafield. The first presentation was the Consent Agenda, consisting of the following items: I (a) The Minutes of the previous meeting held December 21, 1982, and the reconvened meeting held December 29, 1982. (b) Resolution No. 6,913, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR ELECTRICAL AND MECHANICAL WORK FOR THE RIVERFRONT PARK RECREATION ROOM. (c) Resolution No. 6,914, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF HARDIN ROAD, ABUTTING TRACTS 4, 13, 5 & 12 OF WEST HIGHLAND SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be January 18, 1983) i (d) Resolution No. 6,915, containing the following caption: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK FOUR (4) PLATEAU ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be January 18, 1983) By motion of Director Hubbell, seconded by Director Weeks, 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 and reconvened meetings were approved as written and summarized to the Board of Directors; and (b, c & d) Resolutions No. 6,913, 6,914 and 6,915 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A suggestion was made at this time by Vice Mayor /Director Jones that the City Clerk call the roll in reverse order, beginning with Position No. 7. The suggestion was unanimously accepted in general discussion. A Zoning Petition (Z -3906) was presented from Harvey W. and Margie Sowell, and I Winnie Mayhan, requesting that 8906 and 8907 Merrivale Drive, described as Lots 33 & 34, Merrivale Addition to the City of Little Rock, Arkansas, be reclassified from "R -2" Single - family District to "O -1" Quiet Office District. The petition was approved by the Little Rock Planning Commission on December 14, 1982, although the ' City Staff had recommended denial. Vice Mayor /Director Jones advised that she had received a telephone call requesting that the proposed Ordinance be left on the calendar, in order for the resident to be present at the next Board Meeting to add- ress the issue. Mr. and Mrs. Sowell were present but, did not speak advising they 1 2901 JANUARY 4, 1983, Cont'd. would reserve their comments until the next meeting. There were no further comments and the proposed Ordinance to reclassify the property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING 8906 -8907 MERRIVALE DRIVE (Z -3906) 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 proposed Ordinance being read the first time. There was no motion for the suspension of the rules; therefore, the Ordinance remained on the calendar for second reading at the January 18, 1983 Board Meeting. The following Zoning Petition was presented which had received approval by the Planning Commission: Z -3930 - From Joe Anderson, Jr. to rezone 4015 West 12th Street in the City of Little Rock, Arkansas, from "R -3" Single - family District to "R -5" Urban Residence District. There was no discussion and Ordinance No. 14,371 was presented, with the title being: AN ORDINANCE RECLASSIFYING 4015 WEST 127 STTEET (Z- 3930). 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 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 Hubbell, again seconded by Director Jones, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; ' Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,372, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6811 BROOK- VIEW DRIVE (Z- 3925), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To allow an addition of 3,600 square feet to existing building) which Ordinance was read the first time. A motion followed by 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 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 Directo Shackelford, seconded by Director Weeks, 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 question, Shall the Ordinance Pass, X91 JANUARY 4, 1983, Cont'd. with the results recorded as .follows: Ayes - Directors Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z- 3727 -A - From Ralph Bozeman for Dandy Real Estate Company to rezone Tract "A ", Jay Smith Subdivision (behind Danver's Restaurant on Cantrell Road), from "C -3" i General Commercial District to "R -5" Urban Residence District. Z -3922 - From Margaret F. Thaxton to rezone the NE Corner of 3rd and Arch Streets, described as the W 1/2 of Lots 4, 5 & 6, Block 119, Original City of Little Rock, Arkansas, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3935 - From Patrick A. Burrow for Breckenridge Square Apartments Partnership to rezone Lot "A -R ", Block 7, Breckenridge Business Addition to Little Rock, Arkansas, from "0 -3" General Office District to "R -5" Urban Residence District. No one was present to oppose the conversions and with no discussion, an ' Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,373 as follows) itOrdinance No. 14,373 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 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 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 Hubbell, seconded by Director Hess, to further suspend the rule 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 Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following applications for a Special Use Permit as approved by the Planning Commission were presented at this time: Z -3921 - From Letha Tillman, 2312 West 11th Street in the City of Little Rock, for a day -care family home in "R -4" Two- family District. Z -3932 - From Paulette Kelly, 2809 Marshall Street in the City of Little Rock, for a day -care family home in "R -4" Two - family District. No opposition was presented to the Special Use Permits and Ordinance No. 14,374 was presented, with the title being: AN ORDINANCE GRANTING SPECIAL USE PERMITS FOR DAY -CARE FAMILY HOMES ON VARIOUS PROPERTIES IN 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 Hubbell, seconded 29 JANUARY 4, 1983, Cont'd. by Director Weeks, 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. Ther was a second reading of the Ordinance, after which there was a subsequent motion made , by Director Hubbell, 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 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 Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. I The next presentation was Ordinance No. 14,375, entitled: AN ORDINANCE AMENDING THE MAP AND TEXT OF THE MASTER STREET PLAN TO INCLUDE WARREN DRIVE EXTENSION NORTH TO BASELINE ROAD; AND FOR OTHER PURPOSES; 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 Ordi- nance be placed on second reading. The motion was unanimously adopted by the members , of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. 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, with the motion being made by Director Hubbell, 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 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 hdrein described: Ayes - Directors Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 14,376 was presented, described as: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP ADOPTED BY ORDINANCE NO. 13,874 TO REDUCE THE SIZE OF-SINGLE FAMILY ATTACHED EAST OF HINSON ROAD AND ENLARGE THE SINGLE FAMILY ATTACHED AREA WEST OF HINSON ROAD; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Shackelford, seconded by Director Hubbell, 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 Hubbell to further 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 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 Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,377 was considered at this time, with the title being: AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT fill �i ` 93, JANUARY 4, 1983, Cont 'd. FOR CAR WASH EQUIPMENT; APPROPRIATING FUNDS FOR THE PURCHASE OF SAID EQUIPMENT; and said Ordinance was read the first time, followed by a motion by Director Shackel- ford, seconded by Director Weeks, 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. i 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 Jones, and unanimously adopted by the members of the I Board of Directors present, being seven in number and two - thirds or more of the member I 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. I, The next presentation was Ordinance No. 14,378, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE PAY14ENT OF EXPERT WITNESS FEES IN THE GILBERT AND HERVEY CASES; ($12,163.00) 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 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 Hubbell, seconded by Director Weeks, 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 I the third and last time, followed by an Aye and No Vote on the passage of the Ordi- nance with the results recorded as follows: Ayes - Directors Jones, Hubbell, Shackel- ford, Bussey, Weeks, Mayor Benafield and Director Hess - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The last matter to be considered was Resolution No. 6,916, containing the following caption: A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF DIRECTORS AND THE V CITIZENS OF LITTLE ROCK, ARKANSAS, TO CHARLES BUSSEY FOR HIS EXEMPLARY SERVICE AS MAYOR OF THE CITY OF LITTLE ROCK, FROM NOVEMBER 25, 1981 THROUGH DECEMBER 31, 1982; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes - Directors Jones, Hubbell, Shackelford, Bussey, Weeks, Mayor Benafield and Director Hess.- total 7; Noes - None; I Absent - None. IR 29J' III JANUARY 4, 1983, Cont'd. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 8:05 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, January 18, 1983 at 7:30 o'clock P. M. ATTEST: Pmx ( APPROVED: Jane Czech, City Clerk J. W. Benafield, Mayor . ' i ' I I i 1 95 Board of Directors Chamber i Little Rock, Arkansas January 12, 1983 - 3:05 P. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor J. W. Benafield presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. (Agenda Meeting held prior to Special Meeting; therefore, Special Meeting was delayed until 3:05 P. M.) i Mayor Benafield then read the Notice of Special Meeting as follows: "January 12, 1983 NOTICE OF SPECIAL MEETING OF THE CITY OF LITTLE. ROCK BOARD OF DIRECTORS The City of Little Pock Board,of Directors will hold a special ' meeting at 2:30 P. 11. on Wednesday, January 12, 1983. The purpose of the meeting is to go into Executive Session to discuss personnel matters. I /s/ J. W. "Buddy" Benafield Signed by Directors: Myra Jones Lottie Shackelford Gale Weeks Bob Hess Webb Hubbell Charles Bussey" There being a quorum in attendance, a motion was made by Director Hubbell, seconded by Director Shackelford, that the Board recess to Executive Session to discuss personnel matters. The motion was unanimously adopted by voice vote of the Board of Directors present. At 4:40 o'clock P. M. the Board of Directors reconvened in the Board Chamber and due to the resignation of City Manager Mahlon Martin to accept the appointment of Director of the Arkansas Finance and Administration, by Governor Bill Clinton, a motion was made by Director Hubbell, seconded by Director Weeks, that Mrs. Susan Fleming, Assistant to the City Manager, be appointed Interim City Manager effective I February 1, 1983, The motion was unanimously adopted by voice vote of the Board Members present. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Weeks, seconded by Director Hubbell, and by unanimous vote of the Board Members present, the meeting was adjourned at 4:45 o'clock P. M. until the next regular meeting on Tuesday, January 18, 1983 at li 7:30 o'clock P. 11. I ATTEST: u APPROVED: j-d/" J ane Czech, City Clerk GGJ..W� W. BBenafield, Mayor i 296 Board of Directors Chamber Little Rock, Arkansas January 18, 1983 - 8:15 P. M. The Board of Directors of the City of Little Rock, Arkansas net in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. Mayor Benafield explained that a dinner in honor of Director Hubbell's 35th birthday, at the Excelsior Hotel, was the reason for the delay in the Board's arrival at the meeting. It was announced that a quorum was present and the following is an account of the proceedings: I The Invocation was given by Director Weeks. The first matter to be considered was the Consent Agenda, consisting, of the following items: (a) The reading of the Minutes of the previous meeting held January 4, 1983 and the special meeting held January 12, 1983. I (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1982. (c) The Oakland - Fraternal Cemetery Audit Report for,the year ending October 31, 1982: (d) Resolution No. 6,917, entitled: I A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR COMPUTER EQUIPMENT PREVENTATIVE MAINTENANCE, READY - MIX CONCRETE, ENGINE ANALYZER, SECURITY SERVICE FOR MATERIAL YARD COMPLEN, AND SAND STONE AGGREGATES. (e) Resolution No. 6,918, with the title being: A RESOLUTION SETTING THE TIME AND PLACE OF PUBLIC HEARING ON CABLE TELEVISION FOR FEBRUARY 1, 1983, AT 7:30 P. M. IN THE BOARD OF DIRECTORS' CHAMBERS. By motion from Director Weeks, 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 and special meetings were approved as written and summarized to the members of the Board of Directors; (b) The Compara- tive Statement of Income Account of the Little Rock Municipal Water-Works was received and filed; (c) The Oakland - Fraternal Cemetery Audit Report was received and filed; and (d & e) Resolutions No. 6,917 and 6,918 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Absent - Director : Hubbell - total 1. At this point in the meeting, fifteen minutes was allotted for citizen communications, but no one came forward to address the Board of Directors. The following proposed Ordinance was the next presentation, described as: AN ORDI14ANCE AMENDING SECTION 43 OF THE CODE OF ORDINANCES PROVIDING FOR , PLACEMENT OF MOBILE HOMES WITHIN THE CITY OF LITTLE ROCK; DEFINING MANUFACTURED HOUSING, 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 �7 JANUARY 18, 1983, Cont'd. by Director Weeks, being six in number and two- thirds or more of the members of the I Board of Directors - elect. There was a second reading of the Ordinance, after which there was a subsequent motion again made 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 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. Director Hubbell was enrolled - When Director Hubbell enrolled, he commented that he could not support the Ordinance in its present form; adding, "there is a need for affordable housing in the City of Little Rock, but I cannot support the proposal before us." In general discussion, it was agreed to obtain further input from Board Members, and a motion followed from I Director Weeks, seconded by Director Hess, to "expunge from the record, any action taken on the matter at this time and again place the Ordinance on the Agenda for February 1, 1983." A roll call vote was taken which adopted the motion as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell ' and Jones - total 7; Noes - None; Absent - None. Therefore, the proposed Ordinance will be placed on the February 1st Agenda. Ordinance No. 14,379 was presented, containing the following title: Ali ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 9910 CHICOT ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, CLARIFYING ORDINANCE NO. 14,283, AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Bussey, seconded by Director Hess, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the member 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, with the motion again being made by Director Bussey, 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 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 - .Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was next given to a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 8906 -8907 MERRIVALE DRIVE (Z -3906) 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 second time, having been read the first time on January 4, 1983. Mrs. Harvey Sowell of 8906 Merrivale Drive, the applicant, read ' a prepared statement in which she described zoning classifications of surrounding properties. She advised that letters had been mailed out to all property owners and no complaints were received; further, that she had talked to Mr. Bob Lane of the Department of Public Works, who said the Highway Department has no problem with a driveway on Baseline Road, and the Planning Commission had approved the zoning request 298 JANUARY 18, 1983, Cont'd: Upon question by Director Weeks, Mr. Nathaniel Griffin, Director of Comprehensive Planning, stated the Staff had recommended denial of the application, although he said, "this is not a particularly critical kind of issue." In further questioning by , Director Weeks, Mr. Griffin's primary objection was the proposed curb cuts facing a residential street. Director Jones advised that two persons living on Merrivale Drive do oppose this request although they were not present. Upon question by Director Jones, Mr. Griffin stated that authority for curb cuts onto arterial roadways is given by the Highway Department; and if the property is rezoned, access would be taken on th residential street. A motion was then made by Director Hess, seconded by Director Bussey, that the rules be suspended and the Ordinance placed on third and final read- ing. A roll call was taken.on the motion with the response being: Ayes - Director Bess, Mayor Benafield, Directors Weeks and Bussey - total 4; Noes - Directors Shackel ford, Hubbell and Jones - total 3; Absent - None. Therefore, the proposed Ordinance I remained on the calendar for third and final reading at the February 1, 1983 Board Meeting. Resolution No. 6,919 was considered at this time, with the title being: A RESOLUTION ENDORSING AND ADOPTING THE REPORT AND REC01,21ENDATIONS OF CITY ' STAFF RELATIVE TO PAPER PLAT STREETS; (Re: Gibralter Heights) and after a complete reading of the Resolution, there was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A public hearing had been scheduled by Resolution No. 6,914, and notice thereof duly published on January 10, 1983 and January 17, 1983, on the petition from The Fausett Company and First Pyramid Lide Insurance Company of America, to vacate the North 662.88 feet of Hardin Road, abutting Tracts 4, 13, 5 & 12 of West Highland Subdivision to the City of Little Pock, Arkansas, as approved by the Planning, Commission. Attached to the petition was a cony of the plat of West Highland Sub- ' division, and a copy of a letter from Pulaski County Title Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one present who wished to speak for or against the proposal, the public hearing was declared closed And Ordinance No. 14,380 was presented, entitled: AN ORDINANCE VACATING AND CLOSING A PORTION OF HARDIN ROAD ABUTTING TRACTS 4, 13, 5 & 12 OF WEST HIGHLAND SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Bussey, seconded by Director Weeks, 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 ' Bussey, seconded by Director Hubbell, and unanimously adopted by the 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 read the third and last time, and 29" JANUARY 18, 1983, Cont'd. there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The petition from Baird, Inc, to vacate and close the 16 foot alley in Block 4, Plateau Addition to the City of Little Rock was presented. The petition had received the approval of the Planning Commission. A public hearing had been set for this time and place by the adoption of Resolution No. 6,915, with notice thereof having been duly published on January 10, 1983 and January 17, 1983 as required by law. Attached to the petition was a copy of the plat of Plateau Addition as filed in the Office of the Pulaski County Circuit Clerk, and a letter from Beach Abstract and Guaranty Company listing the names of abutting property owners. Mayor Benafield then declared i the public hearing open and when no one appeared in opposition, the hearing was closed and Ordinance No. 14,381 was placed on first reading, described as: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK FOUR (4), PLATEAU ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ' and after a first reading of the Ordinance, there was a motion by Director Shackel- ford, 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 sub- sequent motion was again made by Director Shackelford to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Hess, and adopted by unanimous vote of the 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. 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - i total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. ' Ordinance No. 14,382 was the next presentation, containing the following caption: AN ORDINANCE APPROPRIATING NINE THOUSAND DOLLARS ($9,000.00) TO BE PAID THE HODGES FIRM TO COVER COST OVER -RUN FOR THE DOWNTOWN PLAN; 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 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. i There was a second reading of the Ordinance, after which there was a subsequent motion made 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 a 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. 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 - Director-Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED and Vice Mayor /Director Jones requested that Mr. Nathaniel Griffin, Director of Comprehensive Planning, explain the reason ` for the cost over -run. Mr. Griffin responded with - "the contract for the Downtown V 30� JANUARY 18, 1983, Cont'd. Plan was signed in March of 1981 and it is now January, 1983. Almost two years have past, yet the scope of services calls for twelve months completion, so we are looking at a process which is practically twice as long as originally anticipated. The ' primary reason for this has been the commitment of the consultant and Staff to obtain input from the business community, and to develop an implementation strategy that will take this concept and set up the mechanisms to make it come about over time. The Bodges Firm established a businessman's advisory committee that we have been working with closely for almost two years, and in particular, the issue of the Sports Arena was one that they were concerned about and it has taken us quite awhile to develop a consensus position on the location of that facility. Another issue that involved a good deal of discussion was the transportation element of the Plan; that is, the designation of various downtown streets for one -way - two -way traffic, various single improvements, etc. The City in particular, was concerned about this aspect of the process and in that sense, I think we have been to some degree, responsible for the time delay associated with the Downtown Plan. I would point then to those two factors as the primary reasons for this request by the consultants. I personally think it's reasonable - I think we have received an exceptionally fine product and in fact, I think for a relatively modest outlay, we have obtained a product which will enable us as a community to direct our investment downtown for many years to come. So, I think it is a relatively modest request." Mayor Benafield directed that in the future, should there be an over -run, that the Board of Directors be notified at the earliest date possible and certainly. "before the horse is out of the barn, and I think we all feel very strongly about this and we do understand that this money is well deserved. A commitment was made to the Board by the City Manager at the Agenda Meeting regard- ing this matter." Ordinance No. 14,383 was presented, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES; ($40,000 preventative maintenance of exterior of City Hall; $50,000 for architectural/ engineering study of City Hall and City space; and $81,500 for purchase of a conveyor /loader for Public Works Department) and after a first reading of the Ordinance, there was a motion by Director Weeks, ' 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 suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Hess, 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 pass- age of the Ordinance and resulted as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Introduced next was Ordinance No. 14,384, with the title being: FOR THE PAYMENT OF EXPERT WITNESS FEES IN THE , AN ORDINANCE APPROPRIATING FUNDS GILBERT AND HERVEY CASES; ($1,678.38 and $1,213.50 respectively) and there was a first reading of the Ordinance. A motion was then made by Director 301. I JANUARY 18, 1983, Cont'd. Weeks which was seconded by Director Bussey, 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 Bussey and seconded by Director Hess, 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 I Shall the Ordinance Pass, resulting in the following vote: Ayes 7-Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 14,385 was the next presentation, described as: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE OF 1981, SUBJECT TO THE AMENDMENTS HEREIN PROVIDED AS THE ELECTRICAL CODE FOR THE CITY OF LITTLE ROCK; AND 1 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 Weeks, seconded by Director Bussey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There I was a second reading of the Ordinance, after which there was a subsequent motion made by Director Bussey, seconded by Director Hess, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous i 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. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance with I the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent— None. Whereupon, i the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,386, 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 OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Weeks, 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 suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Hess, 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, Mayor Benafield announced the PASSAGE of the Ordinance. 302 JANUARY 18, 1983, Cont'd. Resolution No. 6,920 was the next matter to be considered, with the title being: A RESOLUTION APPROVING THE SALE OF CITY -OWNED LAND AND ACCEPTING BIDS THEREFOR; (1123 Spring Street, 810 West 15th Street and 2900 & 2904 Plartel Street) and said Resolution was read in full, and thereafter adopted upon motion of Director Hubbell, seconded by Director Jones, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,921 was then presented, described as: A RESOLUTION ACCEPTING THE DEDICATION OF LAND LOCATED ADJACENT TO THE PROPOSED RIVER MOUNTAIN PARK; AND FOR OTHER PURPOSES; (Donated by James 14. and Amanda D. Moore) and after a complete reading of the Resolution, there was a motion by Director Bussey that the Resolut -ion be adopted. The motion was seconded by Director Shackelford and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was a proposed Resolution entitled: ' A RESOLUTION EXPRESSING THE INTENT.OF THE CITY OF LITTLE ROCK,BOARD OF DIRECTORS TO ASSUME RESPONSIBILITY FOR FUNDING AND ADMINISTRATION OF THE SCHOOL CROSSING GUARD PROGRAM BEGINNING IN AUGUST 1983; with the Resolution being read in full. Mr. Bruce Weidemann of 26 Wellford Drive, whose daughter was struck by an automobile January 18th, just south of Westminster and Lancaster Roads, appealed to the Board of Directors to support the school crossing guard program. Mr. Weidemann said that - during the campaign for the Pulaski County sales tax last year, he and other parents in his neighborhood understood that crossing ' guards would be provided with the sales tax revenues. At this point, Director Weeks reminded Mr. Weidemann that this tax was defeated by the voters of the City of Little Rock, and the Board of Directors did not promise anything in the County Sales Tax Election Campaign. Mrs. Louise McCumber, director of research, planning and safety for the Pulaski County School District, spoke to the Board in support of the program. ' She said the District crossing guard for Wakefield is assigned to 65th Street and Lancaster Road, but that the school needs another guard at Lancaster and Westminster. Several Board Members had requested cost figures for the operation of the program, but when the figures were not available, Director Bussey made a motion, seconded by Director Hess, to recess this meeting and vote on the crossing guard issue in a reconvened meeting'Wednesday, January 26, 1983 at 1:30 P. M. The motion was unanimous- ly adopted by voice vote of the Directors present. A brief discussion ensued at this time, in which Mayor Benafield recommended that applicants for appointments to the various City Boards and Commissions be discussed in executive sessions rather than open meetings. He commented that persons interested in the appointments don't want -to be discussed publicly. Director Hubbell was opposed to closed meetings on appointments; adding, "public discussion hasn't kept the Board from getting plenty of applicants for the jobs." There was no further discussion and it was moved by Director Bussey, seconded by Director Hess, "to consider this issue, ' along the the Municipal League's Legislative Package when the Board reconvenes on Wednesday, January 26th." This motion was also unanimously adopted by voice vote of the Board Members present. V,I I � 03 JANUARY 18, 1983, Cont'd. I With there being no further business to be presented, it was moved by Director Bussey, seconded by Director Hess, and unanimously carried that this ' meeting'be recessed at 9:20 o'clock P. M., and that the Board of Directors reconvene on Wednesday, January 26, 1983 at 1:30 o'clock P. M., to consider the school crossing guard program, discussing appointments to boards and commissions i in executive session, and the Municipal League's proposed legislative package. ATTEST: �QM� ( APPROVED: Jane Czech, City Clerk J. W. Benafield, Mayor I I I I I n 304 Board of Directors Chamber Little Rock, Arkansas January 26, 1983 - 1:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas, reconvened from the January 18, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was present and the following is an account of the proceedings: The first presentation.was Resolution No. 6,922, entitled: A RESOLUTION EXPRESSING THE APPRECIATION OF THE CITY OF LITTLE ROCK BOARD OF DIRECTORS TO MAHLON A. MARTIN FOR HIS SERVICE TO THE CITY OF LITTLE ROCK, ARKANSAS; (As City Manager from July, 1980 through January 31, 1983) to reading of the Resolution b Director Bussey, who presented and there was a comple g Y Mr. Martin with a framed copy of the Resolution. City Manager Mahlon Martin resigned , to accept his appointment as Director of Finance and Administration for the State of Arkansas, by Governor Bill Clinton, effective February 1, 1983. A motion followed by Director Weeks that the Resolution be adopted. The motion was seconded by Vice Mayor /Director Jones and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Consideration was then given to Resolution No. 6,923, with the title being: A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF LITTLE ROCK BOARD OF DIRECTORS TO ASSUME RESPONSIBILITY FOR FUNDING AND ADMINISTRATION OF THE SCHOOL CROSSING GUARD PROGRAM BEGINNING ON FEBRUARY 14, 1983; with the Resolution being read in full with the effective date first read as beginning August, 1983. A discussion followed in which Vice Mayor /Director Jones suggested the Resolution be amended to read: "effective August 1983 for the 1983 -84 school year." She stated that every year there will be additional needs and felt it should ' be considered on an annual basis and be reviewed each year as a budgetary item. Director Hubbell responded with "I'm tired of dealing with this every year'.', and as chairman of a committee of school and city officials, proposed that the City run the program. With reference to the $25,000 loan to the School District last Fall, for the operation of the crossing guard program, Director Weeks questioned the present status of the loan. Mayor Benafield said the School District owes the $25,000, and this Board will have to take action if it is ever forgiven. Director Hubbell then moved that "the Resolution be amended to reflect the effective date from date of its adoption." Upon question by Director Hess regarding the cost of the program for the second semester of the 82 -83 school year, Police Chief Simpson advised "we are footing the bill for the second semester of 1983." City Manager Mahlon Martin suggested that in order to allow time for the Police Department to get the program underway, the effective date be set as February 14, 1983. February 14, 1983 was generally agreed , upon as the effective date and the motion was restated to that effect. The motion received a second from Director Hess, and was adopted by unanimous voice vote of the Board of Directors present. With the Resolution having been amended, there was a motion by Director Hess that the Resolution, as amended, be adopted. The motion was i 1�05 JANUARY 26, 1983, Cont'd. seconded by Director Hubbell and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, ' Hubbell and Jones - total 7; .Noes - None; Absent - None. Ordinance No. 14,387 was the next presentation, containing the following caption: AN ORDINANCE CREATING ADDITIONAL POSITIONS IN THE POLICE AND FIRE DEPARTMENTS AND THE OFFICE OF MANAGEMENT SUPPORT, APPROPRIATING THE FUNDS THEREFOR, AND AMENDING THE 1983 BUDGET; with the Ordinance being read the first time. The rules were then suspended to.providl for the second reading of the Ordinance, by a motion made by Director Hubbell, seconde by Director Hess, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Hubbell and Hess, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordi- ' nance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was.declared PASSED. At this point in the meeting (1:55 P. M.) a motion was made by Director Weeks, seconded by Director Hess, that the Board of Directors go into executive session for the purpose of discussing the appointment of members to the various Boards and Commissions. A roll call vote was taken on the motion with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Shackel- ford - total 5; Noes - Directors Hubbell and Jones - total 2; Absent - None. At 3:10 o'clock P. M. the Board of Directors reconvened in the Board Chamber to resume the reconvened meeting with the following Directors answering roll call: Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Absent - None. Resolution No. 6,924 was presented, described as: A RESOLUTION MAI:ING APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS: (Zoning Board of Adjustment: Ellis Walton '& Billie L. Murphree reappointed to 3 -year terms and nominated by Directors Jones and Weeks; Planning Commission: David J. Jones appointed to a 3 -year term and nominated by Directors Hess and Weeks; Central Arkansas Library System: Mary Ross Thomas reappointed and Marion Cullins Hegarty appointed to 3 -year terms and nominated by Directors Shackelford and Weeks; City Beautiful Commission: A. J. Almand, William J. Gaskin, James A. Vines reappointed and Gloria Love appointed to fill 3 -year terms and nominated by Directors Weeks and Hess.) and said Resolution was read in full, and thereafter adopted upon motion of Director Weeks, seconded by Director Hess, and by the following roll call vote: Ayes - Directo• Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,925, entitled: ' A RESOLUTION MAKING BOARD 1EMBER APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS; (Advertising & Promotion: Mayor Benafield, Directors Weeks and Shackelford; Central Arkansas Transit Policy Board: Directors Weeks and Bussey; Police Pension & Relief Fund: Director Hubbell; Firemen's Relief & Pension Fund: Director Bussey; Municipa Judges' Retirement Board: Mayor Benafield; Economic Opportunity Agency of Pulaski County: Mayor Benafield and Director Shackelford; CETA: Director Bussey; Metro - plan: Mayor Benafield; and Pulaski Area Transportation Coordination Committee: Vice Mayor /Director Jones.) II JANUARY 26, 1983, Cont'd. and after a complete reading of the Resolution, there was a motion by Director Weeks that the-Resolution be adopted. The motion was seconded by Director Hess and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor ' Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones'- total 7; Noes - None; Absent - None. The last matter to be considered was Ordinance No. 14,388, with the title being: AN ORDINANCE ADOPTING THE PROVISIONS OF THE ARKANSAS CRIMINAL CODE; DECLARING I AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion by Director Hubbell, 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 membell I 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 Hubbell, seconded by Director Bussey, 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 - Director Hess, Mayor Benafield, Directors Weeks, 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. With there being no further business to be presented,'it'was moved by Director Bussey, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 3:50 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, February 1, 1983 at 7:30 o'clock P. M. ' ATTEST: ALL ( APPROVED: Jane Czech, City Clerk' J. W. Benafield, Mayor I I I $o7 Board of Directors Chamber I Little Dock, Arkansas February 1, 1983 - 7:30 P. M. 1 The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor J. W. Benafield presiding and City Clerk Jane Czech, and the following Directors present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - i total 6; Absent - None. It was announced that a quorum was in attendance and the following is an I account of the proceedings: The Invocation was given by Director Bussey. The first matter to be considered was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held January 18, 1983 I and the reconvened meeting held January 26, 1983. (b) The Financial Statement of the Community Development Block Grant Funds for the period from July 1, 1981 through June 30, 1982. (c) A motion to set date for a work session on the Downtown Plan at 11:30 A. M., February 9th. (d) A motion to set date for public hearing on February 15, 1983 at 7:30 P. M., "regarding the issuance of taxicab permits. (e) Resolution No. 6,926, entitled: A RESOLUTION TO ACCEPT THE LOWEST AND BEST BID FOR THE DEPARTMENT OF PUBLIC WORKS ANNUAL CORPORATION CUT REPAIR PROJECT; AND, TO AUTHORIZE THE CITY MANAGER TO AWARD THE CONTRACT THEREFOR, AND TO DO ALL THINGS NECESSARY TO ACCOMPLISH THAT PURPOSE. (f) Resolution No. 6,927, with the title being: A RESOLUTION TO ACCEPT THE BID FOR AN ANNUAL CONTRACT FOR PARTS AND MAINTENANCE SERVICES FOR THOSE VEHICLES OR EQUIPMENT USING INTERNATIONAL HARVESTER PARTS AND MATERIALS; AND, TO AUTHORIZE THE CITY MANAGER TO AWARD ' THE CONTRACT THEREFOR; AND TO DO ALL THINGS NECESSARY TO ACCOMPLISH THAT PURPOSE. (g) Resolution No. 6,928, described as: A RESOLUTION TO WAIVE THE FORMAL SELECTION PROCESS FOR ARCHITECT/ ENGINEER (A /E) SERVICES TO DESIGN THE OTTER CREEK FIRE STATION; AND DIRECTING THE CITY MANAGER, OR HIS DELEGATE, TO NEGOTIATE FOR SUCH SERVICES; AND DIRECTING THE CITY MANAGER TO AWARD THE CONTRACT, AND TO DO ALL THINGS NECESSARY TO ACCOMPLISH THAT PURPOSE. (h) Resolution No. 6,929, entitled: A RESOLUTION TO AUTHORIZE THE SALE OF CITY OWNED REAL PROPERTY LOCATED i AT SCHILLER AND WEST THIRD STREETS IN LITTLE ROCK, DESCRIBED AS PARCEL 23 -S; AND DESIGNATED AS SURPLUS CITY REAL PROPERTY; AND AUTHORIZING THE CITY MANAGE , OR HIS DELEGATE, TO NEGOTIATE THE SALE: AND TO AUTHORIZE THE MAYOR TO EXECUTE ' ALL DEEDS AND OTHER DOCUMENTS NECESSARY' TO ACCOMPLISH SUCH SALE. (i) Resolution No. 6,930, containing the following caption: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH THE DEVELOPED. OF A SUBDIVISION ADJACENT TO RAINWOOD SUB- DIVISION FOR THE CONSTRUCTION OF IMPROVEMENTS ON NAPA VALLEY DRIVE. 4 308 February 1, 1983, Cont'd. By motion from Director Weeks, 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 and reconvened meetings were approve , as written and summarized to the members of the Board of Directors; (b) The Financial Statement of the Community Development Block Grant Funds was received and filed; (c) Motion adopted to set work session February 9th at 11:30 A. 14. on the Downtown Plan; (d) Motion adopted to set public hearing on February 15. 1983 at 7:30 P. M. regarding the issuance of taxicab permits; and (e, f, g, h & i) Resolutions No. 6,926, 6,927, 6,928, 6,929 and 6,930 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. At this point in the meeting, fifteen minutes was allotted for citizen communic- ations. Mr. Charles E. VanNess, 1I1, 23 Regina Circle, complained that a city golf "pro" had threatened him with a gun at War Memorial Golf Course, and that he had been barred from city golf courses for six months. He asked that he be permitted to use the golf courses. Mayor Benafield advised Mr. Van Ness that the Board would investiga ' the complaint. Mr. Parnell Riley also addressed the Board at citizen communication time, pointin out - problems in East Little Rock. He asked that Zip's Pool Hall on East 6th Street be "shut down" citing murder, shootings, stabbings, rapes, etc. as the reasons. He further stated, "we need sidewalks on 6th Street from Corning Street to Townsend Street to protect our young children; and, restrooms in MacArthur Park." In conclusio he said, "I don't want to have to come back and ask again." Mayor Benafield advised Mr. Riley that he would be hearing from the Staff. A Zoning Petition (Z- 3931 -A) was presented from Jack Castin for-E. A. McCracken, requesting that 8.12 acres located at the northwest corner of Chicot and Castle Valley Roads in the City of Little Rock (long legal description) be reclassified from "R -2" Single- family District to "C -3" General Commercial District. The petition was approve by the Little Rock Planning Commission on January 11, 1983. There was no discussion and Ordinance No. 14,389 was presented, entitled: ' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF CHICOT AND CASTLE VALLEY 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 the Ordinance was read the first time. In a brief discussion, Vice Mayor /Director Jones made a motion that the Ordinance be amended to reclassify the property to "C -2" Shopping Center District. Mr. Jack Castin, the applicant, was present and the propose amendment met with his approval. The motion was seconded by Director Hubbell and adopted by unanimous voice vote of the Board of Directors present. A subsequent MOtiOT. then followed from Director Hubbell, seconded by Director Jones, to suspend the rules and place the Ordinance, as amended, on second reading. The motion was unanimously by members of the Board of Directors present, being seven in number and two - r more of the members of the Board of Directors- elect; and the second reading rdinance, as amended, ensued. A motion was made by Director Jones, seconded ' tor Shackelford, to further suspend the rules and place the Ordinance, as on third and final reading. The motion was unanimously adopted by the member, L13 oard of Directors present, being seven in number and two- thirds or more of ers of the Board of Directors - elect. There was a third and final reading of I 30c,,, February 1, 1983, Cont'd. 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, was declared PASSED. Introduced at this time was Ordinance No. 14,390, described as: AN ORDINANCE RECLASSIFYING 8906 -8907 MERRIVALE DRIVE (Z -3906) 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 third and final reading of the Ordinance, after'having been read the first and second times on January 4, 1983 and January 18, 1983, respectively (See I Minute Record No. A -7). Mrs, Minnie Mayhan representing the applicants, Mr, and Mrs. Harvey W. Sowell, stated that "the type of business we will put there will be beneficifl to the neighborhood." Upon question by'Director Jones, she advised the lot dimensions are 75' x 150'. There was no further discussion and a roll call was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford.and Hubbell - total 6; Noes - ' Director Jones - total 1; Absent - None. Therefore, the Ordinance was declared PASSE . Ordinance No. 14,391 was the next presentation, with the title being: AN ORDINANCE AMENDING SECTION 43 OF THE CODE OF ORDINANCES PROVIDING FOR PLACE - P4ENT OF MOBILE H014ES WITHIN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Adding "R -7A" Mobile Home Subdivision to the Zoning Ordinance) with the Ordinance being read the first time. Upon question by Director Hess, Mr. Jim Lawson of the Planning Staff, advised that the Ordinance simply allows a person to plat a large tract of land that meeting the Building Code, for a Mobile Home Sub- division. Director Hess further explained, "we are not allowing mobile homes to come into Little Rock, just any place." The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Hess, 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. There was a ' second reading of the Ordinance, after which there was a subsequent motion made by Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance with the results being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shacke ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Consideration was then given to Ordinance No. 14,392, described as: AN ORDINANCE TO AMEND LITTLE ROCK ORDINANCE NO. 13,777, AS AMENDED, TO ENLARGE THE MEMBERSHIP OF THE LITTLE ROCK ZONING BOARD OF ADJUSTMENT FROM SEVEN MEMBERS TO NINE MEMBERS; AND TO PROVIDE THAT THE TWO NEW MEMBERS SHALL BE FROM CITIZENRY AT ' LARGE; first the Ordinance, there by Director Bussey, and after a reading of was a motion seconded by Director Hubbell, 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 1� U01 111 February 1, 1983, Cont'd. 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 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 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 - Director Hess, Mayor i Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Ordinance No. 14,393 was presented, containing the following title: AN ORDINANCE TO AMEND LITTLE ROCK ORDINANCE NO. 14,361., WHICH LEVIED THE 1983 ARKANSAS POWER & LIGHT COMPANY UTILITY FRANCHISE TAX, TO INCREASE THE TAX LEVIED; 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 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. There was a second reading of the Ordinance, after which there was a subsequent motion made , by Director Bussey, seconded by Director Hubbell, 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 la time,. followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. [,Thereupon, the Ordinance was declared PASSED. Ordinance No. 14,394 was presented, entitled: AN ORDINANCE TO APPROPRIATE $45,000.00 FOR THE PURPOSE OF ACQUIRING CERTAIN LANDS ALONG FOURCHE CREEK SOUTH OF HINDMAN PARK; and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Hubbell, 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 Bussey to suspend the rules and place the Ordinance on thir and final reading; which motion was 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 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. - Whereupon, the Ordinance was declared PASSED. Resolution No. 6,931 was the next matter to be considered, with the title being: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE DESIGN OF TRAFFIC SIGNAL CAPITAL IMPROVEMENT ' FOR CERTAIN APPROVED FY'83 PROJECTS; AND, TO WAIVE THE FORMAL SELECTION PROCESS FOR CONSULTANTS THEREFOR; and said Resolution was read in full, and thereafter adopted upon motion of Director Weeks, seconded by Director Bussey, and by the following roll call vote: I / V li, February 1, 1983, Cont'd. Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,932 was then presented, described as: A RESOLUTION TO AUTHORIZE THE CITY MANAGER, OR HIS DELEGATE, TO NEGOTIATE A i LEASE OF CITY OWNED REAL PROPERTY LOCATED ON THAYER STREET, WHICH IS COMMONLY CALLED THE OLD SANITATION SITE; AND TO AUTHORIZE THE MAYOR TO EXECUTE ANY LEASE AGREEMENT NEGOTIATED; and after a complete reading of the Resolution, there was a motion by Director Weeks that the Resolution be adopted. The motion was seconded by Director Bussey and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor i Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - i None; Absent - None. I I Presented next was Resolution No. 6,933, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK ZONING BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; (Appointing Thomas McGowan and Stephen Smith to three -year terms) ' and the Resolution was read in its entirety. A motion was then made by Director Jones, seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A public hearing had been scheduled for this time and place to consider system performance, system design modifications and the possible need for modifications in I the Cable Television Franchise. Under the provisions of the franchise, a public hearing on the company's service is to be held every three years. Mayor Benafield declared the public hearing open and Mr. Ron Paulson, Manager of Riverside Cable TV was the first speaker. He reported that Riverside has completed its construction phase and now was maintaining a "fully operational" system serving 35,000 subscribers. Currently, 7,000 apartments, the last phase of marketing efforts, have been wired and ' priority is being given to wiring others. A recently installed computer system should speed up responses to billing and service inquiries. Also, the telephone system has been expanded and employees are handling calls quicker. Mr. Paulson also reported the company currently is considering "possible revisions" of rate schedules, but expects "to maintain our position of offering rates which are at or near the bottom of I the market in this area." Mr. Nathan Dendy, a member of the Pulaski County Quorum Court complained about billing and slow response to telephone inquiries; adding, "I have received seventeen complaints about cable service during my first thirty -one days in office." Mrs. Grace Elizabeth Ward, 504 Green Mountain Drive, Apartment #604, complained that Riverside had featured the Spanish International Network in its market ing efforts, but later dropped it when forced to choose between one satellite station or another. She said the station had erred in estimating that only one percent of Little Rock's population spoke Spanish. Mrs. Eugenio Padillo, 3111 Misty Lane, also complained about Riverside dropping SIN. She said, "these people lied to us and ' that's all I have to say." Mr. Paulson responded to the complaints advising that the one percent Spanish population estimate came from SIN itself and that subsequent studies had shown it to be overblown. He explained when it was time to choose a satellite, the choices were sticking with SIN or picking up independent station WOR 31� III February 1, 1983, Cont'd. at New York. He said, "this is a business and we had to go with what the majority .wanted, and the majority wanted WOR." Mr. Paulson urged the residents to join with him in cooperating with the local access station at the University of Arkansas at ' Little Rock in coming up with Spanish programming. There was no further discussion and the public hearing was declared closed. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 8:30 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, February 15, 1983 at 7:30 o'clock P. M. . ATTEST: ?&nle� APPROVED: I Jane Czech, City Clerk J. W. Benafield, Mayor I I I I I I I I 13. Board of Directors Chamber Little Rock, Arkansas February 15, 1983 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular i session with Mayor J. W. Benafield presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Hess, Bussey, Shackelford and Jones - total 4; Absent - Directors Weeks and Hubbell - total 2. It was announced that a quorum was in attendance and the meeting, therefore, proceeded as herein recorded. The Invocation was given by Director Shackelford. The Consent Agenda was presented first, consisting of the following items: (a) The reading of the Minutes of the previous meeting held February 1, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1982. (c) The 1982 Annual Report of the Mount Holly Cemetery Association. (d) Resolution No. 6,934, entitled: RESOLUTION AUTHORIZING A RELEASE OF EASEMENT IN ENGLAND ACRES SEWER IMPROVEMENT DISTRICT NO. 220. (e) Resolution No. 6,935, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR HCRS FUNDS FOR INTERSTATE PARK. (f) Resolution No. 6,936, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE DEMOLITION OF TENNENBAUM BUILDING AND FOR STREET AND DRAINAGE IMPROVEMENT IN THE JOHN BARROW AND STEPHEN SCHOOL NEIGHBORHOODS. i (g) Resolution No. 6,937, containing the following title: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR TRAFFIC SUPPLIES. 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 February 1, 1983 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 for the month of December, 1982 was received and filed; (c) The 1982 Annual Report of the Mount Holly Cemetery Association was received and filed; and (d, e, f & g) Resolutions No. 6,934, 6,935, 6,936 and 6,937 were read in full and adopted by the following roll call vote: Ayes - Director Hess„ Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Mayor Benafield announced that the next fifteen minutes would be allotted for citizen communications. Any person wishing to address the Board of Directors or ' express a viewpoint is invited to do so at this time. There was no one present who came forward to speak and the zoning matters were considered next. M till FEBRUARY 15, 1983, Cont'd. Ordinance No. 14,395 was presented with the caption being: AN ORDINANCE A1ENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR ESTABLISHMENT OF A SHORT FORM PLANNED UNIT DEVELOPMENT ' PROCESS; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion at this time by Directo Bussey, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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, after which the rules were again suspended and the Ordinance placed on third and final reading by motion of Director Jones, seconded by Director Shackelford, 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. Before the third and last reading, Mr. Burton Speights of Fausett and Company, commended the staff for work on the Ordinance and endorsed its passage; also, Mr. David Elms, representing the Woodruff School CDBG Neighborhood voiced approval of the provisions of the Ordinance. There was no further discussion and the ' third and final reading of the Ordinance followed with an Aye and No Vote being taken on the question, Shall the Ordinance Pass, which resulted as herein recorded: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. 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 - Directol. Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. It was announced that the Ordinance, together with the Emergency Section had PASSED. At this point in the meeting Mayor Benafield welcomed Boy Scout Troop No. 45 of the Henderson Methodist Church who were present to observe the Board Meeting. The next presentation was a series of Zoning Petitions, approved by the Planning Commission, and described as follows: Z- 3484 -A - Petition from Attorney William L. Terry for the Wengroup Square ' Corporation to rezone the N/E Corner of Rodney Parham and Reservoir Roads (long legal description), from "C -3" General Commercial District to "R -6" High Rise Apartment District. Z -3941 - Petition from Harrell Mays to rezone 8803 Oman Road (long legal description) from "R -2" Single- family District to "0 -3" Office and Institutional District. Z -3943 - Petition from John Bingham for James A. Culberson to rezone 121 North Jackson Street, from "R -3" Single - family District to "R -5" Urban Residence District. Z -3944 - Petition from Larry D. Shelton for Radiology!Consultants of Little Rock, P. A. and Trust for the benefit of Doyne Dodd, to rezone the N/W Corner of West Markham Street and Bowman Road, from "0 -3" Office and Institutional to "C -3" General mercial District. Z -3945 - Petition from Martin S. Dorman to rezone 113 Oak Lane (long legal cription) from "R -2" Single - family District to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the above - cribed properties, an Ordinance to reclassify same was placed on first reading. I e Ordinance No. 14,396 as follows) X15 FEBRUARY 15, 1983, Cont'd. There was presented Ordinance No. 14,396, 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; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance by motion of Director Bussey, seconded by Director Shackelford, and by unanimous vote of the members of the Board of Directors present, being five in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Bussey, seconded by Director Jones, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopte 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; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z- 3659 -A - From George Cook to rezone Tract "B ", Cook - Alworth Subdivision to the City of Little Rock, Arkansas, from "C -3" General Commercial District to "R -5" Urban Residence District. Z -3701 - From Don Lutrick for Fairview Baptist Church to rezone Lots 7, 8, 9 & 10, Block 11, Ruebel & Leymer Addition to the City of Little Rock, from "I -2" Light Industrial District to "0 -1" Quiet Office District. Z -3852 - From Paula Jameu for Watergate, Ltd., a California Limited Partnership, to rezone.Lot 1, Watergate Addition to the City of Little Rock, from "C -3" General Commercial District to "C -1" Neighborhood Commercial District. Z -3939 - From Mark_ Stodola for Gerald Cross to rezone Lot 1, Block 3, Intercity ' Addition to the City of Little Rock, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3940 - From Sam Reynolds for Floyd Fulkerson to rezone property west of the intersection of Rodney Parham Road at West Capitol Avenue (long legal) from "0 -3" Office and Institutional District to "R -5" Urban Residence District. No one was present to oppose the conversions and with no discussion, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,397 as follows) 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 Jones, 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 five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones to again suspend the rules and place the Ordinance on third and final reading, which motion was again seconded by Director Shackelford, and adopte I by unanimous vote of the members of the Board of Directors present, being five in f 316 _ FEBRUARY 15, 1983, Cont'd. 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 - Director Hess, , Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Whereupon, the Ordinance was declared PASSED. The last Zoning matter to be considered was the following petition which was approved by the Planning Commission on February 15, 1983: Z -3954 - Petition from Emmet Jones to rezone 4601 West 65th Street described as Lot 1 of Marvin Bass Industrial Acres No. 2 of Part of the N 1/2, NW 1/4, NE 1/4, SE 1/4, Section 30, T -1 -N, R-12-W,-Little Rock, Pulaski County, Arkansas, from "C -3" General Commercial District to "I -2" Light Industrial District. There was no opposition and Ordinance No. 14,398 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 4601 WEST 65TH 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; with there being a first reading of the Ordinance. A motion followed from Director ' Hess, seconded by Director Shackelford, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by membe 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, with an ensuing motion then being made by Director Shackelford to-again suspend the rules and place the Ordinance on its third and final reading. Director Bussey seconde the motion, which was then 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 last reading of the Ordinance, result ing in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Mayor Benafield then declared the Ordinance had PASSED. ' Introduced at this time was Ordinance No. 14,399, containing the following caption: AN ORDINANCE APPROVING THE 1983 EXPANDED WORK PROGRAM AND CAPITAL EXPENDITURES; AND APPROPRIATING THE FUNDS THEREFOR; with there being a first reading of the Ordinance. A motion followed from Director Jones, seconded by Director Shackelford, 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 five in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the secon time, with an ensuing motion being again made by Director Jones to suspend the rules and place the Ordinance on its third and final reading. Director Hess seconded the motion, which was then adopted by unanimous vote of the members of the Board of Directors present, being five in number and two-third, s or more of the members of the ' Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Whereupon, 1 IV FEBRUARY 15, 1983, Cont'd. the Ordinance was declared PASSED. Presentation was made of Ordinance No, 14,400, with the title being: AN ORDINANCE APPROPRIATING AN ADDITIONAL $8,500.00 FOR THE PURCHASE OF A STATUS DISPLAY SYSTEM FOR CENTRAL COMMUNICATIONS; AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO VERSA -LITE SYSTEMS, INC.; 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 Jones, seconded by Director Shackelford, which was unanimously adopted by members of the Board of Directors present, being five in number and.two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a sub- sequent motion by Director Jones that the rules again be suspended and the Ordinance be placed on third and final reading. Director Hess seconded the motion, which was adopted by unanimous vote of the members of the Board of Directors present, being i five 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 - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. The Ordinance was then declared PASSED. Ordinance No. 14,401 was next considered, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR LEGAL FEES FOR SERVICES RENDERED BY HOUSE, HOLMES AND JEWELL LAW FIRM; ($3,013.02) with the Ordinance being read the first time; after which there was a motion by Director Jones for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Shackelford, 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 Jones, seconded by Director Hess, 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 five in number and two - thirds or more of the member 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 - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. The Ordinance was therefore, declared PASSED. I A public hearing had been scheduled for this time and place on the issuance of taxicab permits through March 31, 1983. Taxicab operator permits are normally issued on an annual basis but, Board.Members want to consider proposed amendments to the current Ordinance governing taxi service before issuing long -term permits. Mayor Benafield declared the public hearing open and Mr. Larry Carpenter representing Capitol Cab Company urged the Board of Directors to reconsider the issue and grant permits for one year; adding, "the company can not guarantee jobs under the threat of being forced out of business in six weeks." Mr. John W. Hall, Sr., president of i Black & White Cab Company told the Board of Directors that his company had met all requirements under the existing Ordinance and said it was "grossly unfair" to with- hold the usual one-year permits. Mr. Hall questioned the legality of the action J 318 111 11 1�1 FEBRUARY 15, 1983, Cont'd. proposed, stating he thought the franchises could be revoked only for cause. Mayor Benafield advised Mr. Hall the Board of Directors is not taking any action that is illegal; and, a public hearing will be held if there is an Ordinance change, in which , interested parties will have input. Mr. Willie Scott, representing the independent drivers was concerned about the permit expiring March 31st and asked what changes would be made in the Ordinance. Vice Mayor /Director Jones requested that all re- commendations go to the City Manager for consideration at the March 31, 1983 public hearing. There was no further discussion, the public hearing was closed, and Ordi- nance No. 14,402 was presented, entitled: AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FOR A PERIOD ENDING MARCH 31, 1983; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Bussey, seconded by Director Hess, 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. The Ordinance was then read the second time. There was an ensuing motion by Director Bussey, again seconded by Director Hess, 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 Ordi- nance. The passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackel ford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. The Emergency Clause contained in Section 3 of the Ordinance was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. It was announced that the Ordinance, together with the Emergency Section, had been PASSED. ' Resolution No. 6,938 was presented next, described as: A RESOLUTION IMPOSING A ONE -YEAR MORATORIUM ON THE USE, LEASE, OR SALE OF THE TENNENBAUM BUILDING SITE; with there being a complete reading of the Resolution. Attorney Charles Matthews, Chairman of the Museum of Science and History Board of Trustees, was present to answer questions and request the adoption of the Resolution. He explained that it is the intent to develop the site as a museum, with the facility costing $20,000,000.0 . Upon question by Board Members, Mr. Matthews said "we do not intend to ask the City for additional money - it is the intent to make a statewide impact by approaching private enterprise for funds." Upon question by Vice Mayor Jones regarding two possible museum locations, Mr. Matthews answered "we are not going to ask you to doubl fund anything." He further advised that plans and suggestions will be submitted when available. Following the discussion, a motion by Director Bussey, seconded by Directo , Hess, provided for adoption of the Resolution by a roll call vote recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. i9 FEBRUARY 15, 1983, Cont'd. Resolution No. 6,939 was the last presentation, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD AN ENGINEERING DESIGN AND I CONSTRUCTION 14ANAGEMENT SERVICES CONTRACT FOR THE LEAWOOD BRANCH, SUNNYMEADE DRAINAGE IMPROVEMENT PROJECT; AND FOR PHASE A OF THE GEYER SPRINGS BRANCH, SENATE DRIVE TO McCLELLAN SCHOOL AREA DRAINAGE IMPROVEMENT DISTRICT; (Richardson Consulting Engineers, Inc. and Cromwell Engineers, Inc.) with the Resolution being read in full, followed by a motion from Director Jones, seconded by Director Bussey, for adoption of the Resolution. A roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Weeks and Hubbell - total 2. Acting City Manager Susan Fleming brought to the Board's attention the resignation of Ms. Sharon King from the Sign Board of Review. After discussion, it was generally agreed to recess this meeting until February 23, 1983 at 1:30.P. M., at which time a replacement for Ms. King will be appointed. With there bein g no further business to be presented, it was moved by Mayor Benafield, seconded by Director Shackelford, and unanimously carried that this meeting be recessed at 8 :15 o'clock P. M., and that the Board of Directors reconvene on Wednesday, February 23, 1983 at 1:30 o'clock P. M., to consider appointing a member to the Sign Board of Review. ATTEST: ( APPROVED: City Clerk Jane Czech Mayor J. W. Benafield i I I Y Board of Directors Chamber Little Rock, Arkansas February 23, 1983 - 1:30 P. M. V The Board of Directors of the City of Little Rock, Arkansas, reconvened from the February 15, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Bussey, Shackelford, Hubbell and Jones - total 5; Absent - Director Weeks - total 1. Mayor Benafield announced that a quorum was present and the following is an account of the proceedings: The first presentation was Resolution No. 6,940, entitled: A RESOLUTION EXPRESSING THE CITY BOARD OF DIRECTORS' INTENT TO APPROPRIATE UP TO $80,000 OF THE LITTLE ROCK RESIDENTIAL HOUSING BOARD TURNBACK MONIES FOR THE PREPARA- TION OF THE SITE LOCATION DETERMINATION, PRELIMINARY DESIGN, FINA14CIAL FEASIBILITY AND FUNDING MECHANISM FOR THE CONSTRUCTION OF A SPORTS AND ENTERTAINMENT FACILITY; and there was a complete reading of the Resolution. Director Hubbell presented letter to fellow Board Members regarding a sports and entertainment facility, in which he , expressed his willingness to devote his time and energy to work with a group on a package to include site location determination, the preliminary design and the funding vehicle to make the sports arena a reality. Director Hubbell suggested that $80,000 be taken from savings that the Little Rock Housing Facilities Board has accumulated from early turnback of bonds issued to provide funds for housing loans. He said the, money would be returned to the City a thousand fold in tax revenues from a new arena, and urged the adoption of the Resolution. There was no further discussion and a motion followed from Director Bussey, seconded by Director Shackelford, for adoption of the Resolution. A roll call was taken and the Resolution adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Resolution No. 6,941 was introduced next, with the title being: i A RESOLUTION APPOINTING MS. BRE14DA DIANE WILSON TO THE SIGN APPEAL BOARD OF THE ' CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (To fill the unexpired term of Ms. Sharon Denise King, ending July 1, 1984) with the Resolution being read in full. In conjunction with the appointment to the Sign Appeal Board, a brief discussion ensued relative to billboard regulations and it was decided to hold a public hearing and consider an ordinance extending the 90 -day moratorium on issuance of billboard permits, at the Board's regular meeting on March 1, 1983. The Board will propose a State Law that would give cities specific authority to control billboards, as a way to protect the City from antitrust prohibitions that could be used to challenge billboard restrictions. Director Hubbell expressed concern about approving regulations before legal concerns are resolved. There was no further discussion and a motion was made by Director Bussey for the adoption of the Resolution, which received a second by Director Hubbell. A roll call was taken with the results recorded as follows: Ayes - Director Hess, Mayor Benafield Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent Director Weeks - total 1. The next presentation was Resolution No. 6,942, described as: 4 A RESOLUTION REAPPOINTING MAYOR J. W. BENAFIELD AND DIRECTOR LOTTIE SHACKELFORD TO THE ECONOMIC OPPORTUNITY AGENCY OF PULASKI COUNTY; AND FOR OTHER PURPOSES; V �21 FEBRUARY 23, 1983, Cont'd. (For a one -year term ending May 20, 1984) and after a complete reading of the Resolution, there was a motion by Director Hubbell ' that the Resolution be adopted. The motion was seconded by Director Hess and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. To conclude the reconvened meeting, Vice Mayor Jones brought to the Board's attention the provisions of House Bill #505, now in the General Assembly of the State of Arkansas. The Act would prescribe and limit the authority of counties and cities to prohibit or restrict the permanent installation of manufactured homes on lots zoned for single - family dwellings. If this Bill is.passed, it would remove the author- ity of counties and cities to impose any restrictions on installation of manufactured homes on single - family lots, and that has been traditionally an authority that the legislature has given local governments. Vice Mayor Jones explained that in the Bill' ` original state, it was opposed also by the Home Builders Association.and they have met with the proponents of the Bill who represent the manufactured housing industry, and have for do make it much more asked engrossment of two amendments which palatable. One amendment says that "you cannot prohibit manufactured homes unless they conform to HUD Minimum Property Standards Code, which is very much like our present City Building i Code and the Standard Building Code." The other amendment requires that "it would have no effect on subdivision bills of assurance." She further explained the problem with this Bill is, other than removing authority the Board has had, "I find very definitely in the first page of the Minimum Property Standards where HUD says this is a step toward doing away with all federal regulations dealing with building codes and turning them over to local entities. Since cities have standards, federal officials are saying there is no sense in the Department of HUD issuing other standards, and they are bowing out." Vice Mayor Jones warned if this Bill is passed, it will usurp the Board of Directors' authority and tie the manufactured building code to a federal code which admittedly is going to be done away with, and if it were, there would be no ' regulation on manufactured housing and where they would go. She requested that the Board take active opposition to House Bill #505 by adopting a Resolution opposing the I Bill. Resolution No. 6,943 was then presented, entitled: A RESOLUTION EXPRESSING THE OPPOSITION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK TO HOUSE BILL 505 IN THE 74TH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS; and there was a complete reading of the Resolution after which a motion by Director Hess, seconded by Mayor Benafield, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. There being no further business to be presented, it was moved by Director Hess, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at ' 1:55 o'clock P. M., and that the Board of Directors convene again in regular session 7 P. M. Tuesday, March 1, 1983, that the time be to at :00 o'clock on and changed 7:00 P.. M. due to a public hearing on the "Downtown Development Plan." ATTEST (� APPROVED: Jane Czech, City Clerk J. W. Benafield, Mayor i 322 Board of Directors Chamber Little Rock, Arkansas March 1, 1983 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess, Bussey, Shackelford, Hubbell and Jones - total 5; Absent - Director Weeks - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Hubbell. Prior to the official Board Meeting, Mr. Nathaniel Griffin, Director of Compre- hensive Planning, conducted a slide presentation at 7:00 P. M. on the Downtown Develop- ment Plan prepared by the Hodges Firm, Inc. At this time Mayor Benafield announced that a public hearing had been set for this time and place to hear comments on the proposed plan. Mr. Reed Thompson, a member of the Board of Directors of the Arkansas Repertory Theatre, was the first to come forward and be heard. He stated the Arkansas Repertory Theatre endorses the Downtown Plan, and is interested in seeing the MacArthu I Park Area becoming the cultural center of Little Rock. Mr. Ron Newman, Director of the Capitol Zoning District stated that this long range development plan is totally compatible with what the State is trying to do in'the Capitol Zoning District; adding, "I find this plan to be the most progressive thing that I have seen and I urge the adoption." Ms. Barbara Patty, representing the Arkansas Symphony Orchestra, read a prepared statement in which she said, "we welcome this planning process for downtown and also want to encourage as a basic premise, the strengthening of downtown as a cultural center. The Arkansas Symphony Orchestra'is specifically interested in an exploration of the idea of a concert hall in your planning. As you continue to discuss the Downtown Little Rock Development Plan, I urge you to enter into a dialogue with the Symphony and perhaps other performing arts groups regarding our future needs for a performance facility. Downtown Little Rock is the Symphony's home and our projected growth in services to this community and state will necessitate, we feel, new and , different spaces in the coming years." In conclusion, she cited the need for a new concert hall with a minimum of 1,800 seats, encouraging conversations with the Symphony and all performing arts groups to have a say in the downtown development of Little Roc I as Arkansas' cultural center. There was no further discussion, the public hearing was declared closed, and Ordinance No. 14,403 was presented, entitled: AN ORDINANCE ADOPTING THE DOWNTOWN DEVELOPMENT PLAN PREPARED BY THE HODGES FIRM, INC. AND THE OFFICE OF COMPREHENSIVE PLANNING AS A POLICY GUIDE FOR LAND USE AND DEVELOPMENT DECISIONS IN THE DOWNTOWN AND FOR OTHER PURPOSES; i with the Ordinance being read the first time. The rules were then suspended and the i Ordinance placed on its second reading, by a motion from Director Jones, seconded by Director Hubbell, 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 Hubbell, 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 iunahimous 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 23 MARCH 1, 1983, Cont'd. last time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford, I Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Where- upon, the Ordinance was declared PASSED. Consideration was then given to the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held February. 15, 1983 and the reconvened meeting held February 23, 1983. (b) The 1982 Financial Report of the City of Little Rock, Arkansas. (c) The 1982 Annual Audit Report of the Little Rock Regional Airport. (d) A Report of the Commissioners of Pleasant Ridge Street, Water, Drainage and Sewer Improvement District No. 636 of Little Rock, Arkansas. I (e) Resolution No. 6,944, entitled: RESOLUTION ELECTING ASSESSORS FOR PLEASANT RIDGE STREET, WATER, DRAINAGE AND SEWER IMPROVEMENT DISTRICT NO. 636 OF LITTLE ROCK, ARKANSAS. (f) Resolution No. 6,945, with the title being: ' A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF VEHICLE BATTERIES AND FILTERS. (g) Resolution No. 6,946, described 'as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE WRAPE ESTATE PROPERTY LOCATED IN THE FOURCHE BOTTOMS. (h) Resolution No. 6,947, containing the following caption: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF POLK STREET BETWEEN BLOCKS 10 & 11 IN RUEBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (i) Resolution No. 6,948, entitled: A RESOLUTION REJECTING THE BID OF $30,000.00 BY MUSKIE HARRIS OF BLOCK REALTY, ACTING AS AGENT, TO PURCHASE THE OLD FIRE STATION PROPERTY AT 14TH AND PULASKI STREETS. (j) Resolution No. 6,949, with the title being: A RESOLUTION SUPPORTING THE PLAN OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL; STATING THE INTENT OF THE CITY OF LITTLE ROCK TO PROVIDE FUNDS FOR ITS SHARE OF THE NONFEDERAL COSTS; AND FOR OTHER PURPOSES (k) Resolution No. 6,950, described as: A RESOLUTION AUTHORIZING THE PARKS AND RECREATION DEPARTMUNT STAFF TO FILE AN APPLICATION WITH THE INSTITUTE OF MUSEUM SERVICES FOR A GRANT OF $40,000.00 TO FUND IMPROVEMENTS OF THE ZOO GRAPHICS AND SIGNAGE SYSTEM. By a motion from Director Shackelford, seconded by Director Hess, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b) The 1982 Financial Report of the City of Little Rock was received and filed; (c) The 1982 Annual Audit Report of the Little Rock Regional Airport was received and filed; (d) The Report of the Commissioners of 'Pleasant Ridge Street, Water, Drainage Sewer Improvement and District No. 636 of'Little Rock, Arkansas was received and filed; and (e, f, g, h, i, j & k) Resolutions No. 6,944, 6,945, 6,946, 6,947, 6,948, 6,949 and 6,950 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bene- field, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None;. 3241 11 lit MARCH 1 1983 Cont'd. Absent - Director Weeks - total 1. At the time allotted for Citizen Communications, the following persons spoke regarding Riverside Cable Television's intent to increase rates and drop one station, reported to be WGN of Chicago: Alfred T. Martin of Arkansas Consumer Research, ' Michael Douglas, Jan Emberton, Richard Lucy, Larry Levy and Baker Kurrus. Mr. Martin referred to an ACR report on cable television complaints he had filed with the Board of Directors, citing problems in construction of the cable system - such as poor fittings that make lines susceptible to water damage and extending trunk lines too far. ' He said these problems should be dealt with before a rate increase is considered. I Mr. Douglas read a prepared statement in which he felt the people of Little Rock would be willing to accept a rate increase in order to retain all the stations. The speaker said a survey should be made to determine which of three stations - WGN, WOR (New York) or KVTV (Ft. Worth) - should be eliminated. It was also stated that the new copyright costs which Riverside had cited as the reason for having to drop a channel have been postponed by Congress. Acting City Manager Susan Fleming advised that Riverside has ' started a telephone poll and will be calling subscribers to state their preference of I the station to be dropped. Mayor Benafield announced that a public hearing regarding , cable television will be held at a later date, and there was no further discussion. Presented at this time was Ordinance No. 14,404, containing the following caption: AN ORDINANCE APPROVING A PLANNED.UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED FULKERSON PUC (Z- 3889 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Upon question by Vice Mayor /Director Jones Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that Mr. Fulkerson will be willing to construct the road to the North end of the property incorporated in Zoning Case No. Z- 3889. A motion then followed from Director Hubbell, seconded by Vice Mayor /Director Jones, to amend the Ordinance to state: "that prior to the issuance of a building permit and residential unit construction begins, that Hinson Road be fully constructed to the North end of the property incorporated in Zoning , Case No. Z- 3889." The motion was unanimously adopted by voice vote of the Board Members present. A subsequent motion then followed by Director Hubbell, seconded by Director Hess, 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 members of the Board of Directors - elect. The Ordinance was read the second time, as amended, after which the rules were again sus- pended and the Ordinance, as amended, placed on third and final reading by motion of Director Hubbell, seconded by Vice Mayor /Director Jones, 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. There was a third and last reading of the Ordinance, as amended, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - .Director Hess, Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Mayor Benafield then declared the Ordinance, as amended, had PASSED. An Ordinance was placed on the Agenda to appropriate $20,000.00 for one -time funding of Neighborhood Housing Services, Inc., but was deferred until March 15th by request of Director Shackelford. It was her wish to hear the - financial report by Mr. E. Jack Murphy, Director of Finance, to be presented at the Agenda Meeting on 325 MARCH 1, 1983, Cont'd. I March 9th, before taking action on the Ordinance. At this point in the meeting, Mayor Benafield advised that a public hearing had I been scheduled for this time and place to consider extending the moratorium on issuance of permits for billboards, and to hear comments on staff recommendations to regulate billboards. The public hearing was opened with Mr, Bob Riley, general manage of Donrey Outdoor Advertising as the first speaker. Tor. Riley said the staff's proposals are "elimination procedures rather than control procedures and would amount to elimination of our industry." Mr. Charlie Scarbrough, director of the Arkansas Advertising Federation, commented that billboards are an absolute necessity for the proper media mix for some advertisers. Mr. Ben Combs, an advertising executive, state that billboards are cheap advertising for small businesses and noted that his firm and Donrey received an award for a billboard that promoted attendance at the Little Rock Zoo, a City facility. Mr. Ric McGee of Radio Station KARN, advised that out of thirteen calls he had received regarding billboards, only two were in opposition. Mr. Gene Levy, an architect, spoke in opposition to billboards and said they impose a negative impact on an otherwise beautiful city. Mr. Sidney Weniger felt billboards should be reduced to a reasonable size, while Mr. Ron Newman urged the Board to limit them in certain areas. Others speaking in favor of staff recommendations or strict regulations were: Ms. Janet Buford, Ms. Barbara Williams, Ms. Brownie Ledbetter, Mr. Jim Wilkins, Mr. Arthur Hart, Ms. Jean Hamilton, Mr. Tom Wilkes and Ms. Patty Enderlin. Mayor Benafield advised that the comments will be considered and another public hearing will be held to allow further input by those wishing to address the billboard issue. There was no further discussion, the public hearing was declared closed and Ordinance No. 14,405 was presented, entitled: AN ORDINANCE EXTENDING THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR BILLBOARDS ESTABLISHED BY ORDINANCE NO. 14,364 TO AND INCLUDING APRIL 19, 1983; AND DECLARING AN EMERGENCY; and there was a first reading of the Ordinance; after which a motion was made by Director Hubbell to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, with the second reading of the Ordinance following, A motion was then made by Director Hubbell, again seconded by Director Jones, which further suspended the rules and placed the Ordinance on third and final reading; witli the motion being 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. There was a third and last reading of the Ordinance, which resulted in an Aye and No vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - 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 - Director Hess, Mayor ' Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. The last matter to be considered was Ordinance No. 14,406, with the title being: rVx 326 MARCH 1, 1983, Cont'd. AN ORDINANCE AMENDING THE MASTER PARKS PLAN TO WAIVE THE CAMP ALDERSGATE PROPERTY INCLUDED IN PARK SITE 5C.F; and after the first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Hubbell, 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 Bussey to further suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director 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 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 - Director Hess, Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Whereupon, the Ordinance was declared PASSED. With there being no further business to be presented, it was moved by Director , Hubbell, seconded by Director Shackelford, and unanimously carried that this meeting be recessed at 9:15 o'clock P. M., and that the Board of Directors reconvene on Wednesday, March 9, 1983 at 1:30 o'clock P. M..,-to go into executive session to study resumes for the position of City tlanager. ATTEST: FdIa— 444 APPROVED: Jane Czech, City Clerk J. W. Benafield; Mayor Board of Directors Chamber Little Rock, Arkansas March 15, 1983 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the March 1, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Weeks, Bussey, Shackelford and Jones - total 4; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield announced that a quorum was present and that no further business would be presented at this time, with a motion being made by Director Weeks, seconded by Director Bussey, and unanimously carried, that the meeting be adjourned and the Board of Directors convene in regular session for the March 15, 1983 regular meeting. ' ATTEST �� �' APPROVED: "h0 ^- c =�� •� 'Mayor r/ V , City Clerk J. W. Benafield, Jane Czech, I 11�27 Board of Directors Chamber Little Rock, Arkansas March 15, 1983 - 7:35 P. M. Fsession Board of Directors of the City of Little Pock, Arkansas convened in regular at 7:35 o'clock P. M. with Mayor Benafield presiding, and Jane Czech, City Present at roll call were Directors Weeks, Bussey, Shackelford and Jones Absent - Directors Hess and Hubbell - total 2. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Vice Mayor Jones. To open the meeting, Mayor Benafield announced that he would like to make a statement at this time as follows: "Ladies and Gentlemen: During the past few weeks, we have endeavored to strike an equitable balance between the interests of the outdoor advertising industry and the interests of the public in a safe and aesthetically pleasing environment. It was my hope that the industry would share in this endeavor and would be sensitive to the need for mutual cooperation. Instead, I am concerned that some members of the industry appear to be pressing every opportunity for expansion to its maximum potential. I am concerned that while we have enacted a moratorium to enable us to find an equitable solution, some members of the industry are scurrying about in an effort to get as many new signs in place as quickly as they can. We have now received recommendations from our staff. We have had the benefit of comment from the industry and have been advised of the legal issues. We are nearing a resolution of the controversy. In the interest of achieving that resolution, I would like to make two requests: 1. First, I would like to call on the outdoor advertising industry as a whole to honor both the spirit and intent of the moratroium. I would specifically request that no billboards, whether permitted or not, be erected anywhere in the City until the moratorium expires. This will allow us to finalize our legislative effort. 2. Secondly, I would ask this Board to designate a work session as soon as possible to synthesize the information we have received from everyone and boil it down to ordinance form. With cooperation from the industry and effort from the Board, we will then be able to achieve the result which best serves the interests of all our citizenry. Thank you. J. W. "Buddy" Benafield Mayor" Mayor Benafield then requested that the work session be held on March 30, 1983 at 11:30 A. M. which was generally agreed upon. Vice Mayor /Director Jones made a brief report on Senate Bill #505 which was before the Arkansas General Assembly. She advised the Bill was defeated in the House of Representatives by a wide majority; adding, "it had passed the Senate by a wide I majority." She explained that "all the Bill did was immunize the City from an anti- trust suit which meant that they can still sue us for damages but, at this point, if the Bill had passed, we would have been immunized from treble damages'(three times the damages plus legal costs). Vice Mayor Jones further stated one of the Little Rock Legislators took the floor in behalf of the opposition of this particular Bill, and i she recommended that the Board of Directors draft a letter to Ms. Judy Petty, express ing the Board's disappointment in the failure of this particular Bill. It was not a Bill for or against billboards - - it was whether you were for or against your City being immunized from anti- trust. In conclusion she said, "I was very disappointed in the behavior of this particular assembly on this issue." it y 3 MARCH 15, 1983, Cont'd. The Consent Agenda was then presented, consisting of the following items: (a) The Minutes of the previous meeting held March 1, 1983. (b) The 1982 Audit Report of the Wastewater Utility. (c) The 1982 Audit Report of the Little Rock Municipal Water Works. (d) The 1982 Audit Report of the City of Little Rock, Arkansas. (e) The Comparative Statement of Income Account of the Little Pock Municipal Water Works for the month of January, 1983. i (f) Resolution No. 6,951, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY 14ANAGER TO AMEND CONTRACTS FOR THE ANNUAL PURCHASE OF OIL AND LUBRICANTS. (g) Resolution No. 6,952, with the title being: A RESOLUTION ACCEPTING THE BID OF SECOND SOURCE AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT ACCORDINGLY FOR A COMPUTER SYSTEM FOR THE DEPARTMENT OF MANAGEMENT SUPPORT. (h) Resolution No. 6,953, described as: A RESOLUTION ACCEPTING THE BID OF JOHN GENTRY CONSTRUCTION COMPANY AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT ACCORDINGLY FOR , INSTALLATION OF LIGHTING FOR INTERSTATE PARK BALLFIELD. (i) Resolution No. 6,954, containing the following caption: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO INITIATE AND PURSUE. A LAWSUIT OR LAWSUITS TO OBTAIN RIGHT -OF -WAY EASEMENTS FOR A CDBG STREET AND DRAINAGE PROGRAM FOR FOURTEENTH STREET IN LITTLE ROCK. (Added to Consent Agenda by request of City Attorney) By motion of Director Bussey, 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 of the previous meeting held March 1, 1983 were approved-as written and summarized to the-Board of Directors; (b) The 1982 Audit Report of the Wastewater Utility was received and filed; (c) The 1982 Audit Report of the Little Rock Municipal Water Works was received and filed; (d) The 1982 Audit Report of the City of Little Rock was received and filed; (d) The Comparative Statement of Income Account of the , Little Rock Municipal Water Works for-the month of January, 1983 was received and filed; and (f,.g, h & i) Resolutions No. 6,951, 6,952, 6,953 and 6,954 were read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Under "Citizen Communications" a group of persons engaged in the wrecker service business was present to complain about what they said was harassment by the police, when they appear at accident scenes to remove damaged automobiles. Mr. T. S. Martin of 4440 Patterson Street and Mr. Mike Bowman of 10717 Kanis Road were the spokesmen for the group. They explained that privilege licenses had been obtained and if they were violating a law, they wanted to know about it. The wrecker service operators were advised that a report on the complaint would be made at the next Agenda Meeting, after the City Manager discusses the complaint with the Chief of Police. , The following applications for rezoning was presented at this time, as approved by the Planning Commission on February 22, 1983: Z -3951 - From John L. Burnett for Union National Bank, Trustee, to rezone 6911 Geyer Springs Road (long legal description) from "R -2" Single - family District to "C -3' 23 MARCH 15, 1983, Cont'd. jGeneral Commercial District. Z -3961 - From Porter Brownlee for Pat M. Riley, et al, to rezone the West Side Tennis Center from "R -2" Single- family District to "AF" Agriculture & Forestry District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,407 as follows) There was presented Ordinance No. 14,407, entitled: 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, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to'allow for the second reading by motion of Director Bussey, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors- elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Bussey, seconded by Director Jones, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. Zoning Application Z -3957 from Attorney David Henry for Don Kirkpatrick, et al, was the next presentation. The application requested the rezoning of Lots 2, 3, 4 & 5, Block 8, Ruebel & Leymer Addition to the City of Little Rock, from "R -3" Single- family District to "I -2" Light Industrial District. There was no opposition and Ordinance No. 14,408 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN BLOCK 8, RUEBEL AND LEYMER ADDITION 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 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 five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Bussey 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 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 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 - Mayor Benafield, Director. Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess ' and Hubbell - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was the application for a Special Use Permit (Z -3953) from Mary Martha Fort Duhart, to operate a day -care family home at 2310 West 11th Street in an "R -4" District, as approved by the.Planning Commission on February 22, 1983. No. 33 I - MARCH 15, 1983, Cont'd. opposition was presented to the Special Use and Ordinance No. 14,409 was presented, containing the following title: AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 2310 WEST 11TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; APPROVING A DAY -CARE FAMILY HOME IN THE , "R -4'•' DISTRICT; AND FOR OTHER PURPOSES; I with there being a first reading of the Ordinance. A motion followed from Director Bussey, seconded by Director Jones, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members o• 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, with an ensuing motion then being made by.Director Bussey to again suspend the rules and place the Ordinance on its third and final reading. Director Jones seconded the motion, which was then 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 last reading of the Ordinance, result- ing in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None Absent - Directors Hess and Hubbell - total 2. Mayor Benafield then declared the Ordinance had PASSED. An Ordinance had been placed on the Official Agenda to rezone property located at the Southwest Corner of Baseline Road and Dailey Drive in the City of Little Rock, Arkansas (Z- 3893), from "R -2" Single - family District to "0 -3" General Office District, but was deferred at the request of the petitioner. Therefore, no action was taken and the matter was deferred. Zoning Application Z -3936 from Louis Huff for Mildred Curtis and Lois Whitmore, was then presented. The application requested the rezoning of 1.5 acres at 10612 " District to "I -1" Alexander Road (long legal description), from R -2 Single - family D s Industrial Park District, approved by the Planning Commission February 15, 1983. No one was present to oppose the reclassification of the property and Ordinance No. 14,410 was considered, described as: ' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 10612 ALEXANDER 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 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 Jones, which was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Bussey 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 five 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 - Mayor Benafield, ' Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance was then declared PASSED. 111331 MARCH 15, 1983, Cont'd. i Introduced at this time was Ordinance No. 14;411, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 10621 CHICOT ROAD (Z- 3952), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To permit a fire station in "R -2" District) with the Ordinance being read the first time; after which there was a motion by Directo Bussey for a suspension of the rules and the placing of the Ordinance on second reading) The motion was seconded by Director Jones, 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 Bussey, again seconded by Director Jones, to further 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 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 resulting Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Mayor ' Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance was therefore, declared PASSED. Ordinance No. 14,412 was the next presentation, with the title being: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; Sec. 43- 7.102.3(b ) (To delete Item c, Eating Place without Drive -in Service) and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made i by Director Bussey, seconded by Director Jones, 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. The Ordinance was then read the second time. There was an ensuing motion by Director Bussey, again 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 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 Ordinan The passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Whereupon, the Ordinance was delcared PASSED. The following application for a Planned Unit Development was presented at this time, as approved by the Planning Commission on February 22, 1983: Z- 3948 -A - By Planning Commission action for Mr. Don Downs to rezone Lots 1 & 2 of Block 1, Central Heights Addition, located at the Southwest Corner of West 7th and Valentine Streets, from "R -4" District to a Planned Residential Development. No one present opposed the proposal and Ordinance No. 14,413 was introduced, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT (Z -3948) AT THE SOUTHWEST CORNER OF 7TH AND VALENTINE STREETS IN.THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCE I OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; i 332. MARCH 15, 1983, Cont'd. and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Jon -s, 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 five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequen• motion made and seconded by Directors Bussey and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield announced that the Ordinance had PASSED. Another application for a Planned Unit Development was presented and approved by the Planning Commission on February 22, 1983, described as Z- 3946 -A, for Don Downs and John Bowden to rezone Lots 10 & 11, Block 7, Kimball and Bodeman Addition, near ' 7th and Valentine Streets, from "R -3" District to a Planned Residential Development. There were no objections to the rezoning and Ordinance No. 14,414 was considered, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT i TITLED (Z -3946) KIMBALL & BODEMAN ADDITION PUD, THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Bussey, second- , ed 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Bussey and Jones, respectively, to suspend the rules and place ' the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. It was then announced that the Ordinance had PASSED. Zoning application for a Planned Unit Development (Z -3947) by Planning Commission Action for Don Downs and John Bowden was the next matter to be considered. The application requested that all of the west ninety feet Of Lots 7 and 8, Block 1, Heisman Addition to the City of Little Pock, located at the N/E Corner of 6th & Oak Streets, be rezoned from "R -3" District to a Planned Residential District. No one voiced opposition to the proposal and Ordinance No. 14,415 was presented, containing ' the following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRIC (Z -3947) AT THE NORTHEAST CORNER OF OAK AND 6th STREETS IN THE CITY OF LITTLE ROCK, v 33 MARCH 15, 1983, Cont'd. ARKANSAS, AMENDING CHAPTER 43 ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and said Ordinance was 'read the first time; after which there was a motion by Director I Bussey, 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 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 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 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 response being recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance was then declared PASSED. A public hearing had been scheduled by Resolution No. 6,947., with notice thereof duly published on March 4, 1983 and March 11, 1983, on the petition from Fairview Baptist Church to vacate and close Polk Street between Blocks 10 and 11, Ruebel & Leymer Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Ruebel & Leymer Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Standard Abstract & Title Company listing the last owners of record to abutting property. Mayor Benafield 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 and Ordinance No. 14,416 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING A PORTION OF POLK STREET BETWEEN BLOCK 10 & 11 IN RUEBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Bussey, 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 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 Bussey, seconded by Director Weeks,. 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 i there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackel- ford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. I Whereupon, the Ordinance was declared PASSED. p Introduced at this time was Ordinance No. 14,417, described as: AN ORDINANCE ACCEPTING THE LOW BID OF POM, INC., AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO POM, INC., FOR THE PURCHASE OF PARKING METERS (MECHANISMS AND HOUSINGS) AND TWIN ADAPTERS FOR THE PUBLIC WORKS DEPARTMENT AND THE PARKS'AND RECREATION DEPARTMENT; AND MAKING AN APPROPRIATION OF $16,720.00 TO FUND THE PURCHASE FOR THE PARKS AND RECREATION DEPARTMENT IIF- II 331,111 MARCH 15, 1983, Cont'd. 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 Jones, seconded by Director Shackelford, and unanimously adopted by the Board members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. ' There was a second reading of the Ordinance, followed by a'subsequent motion again made and seconded by Directors Shackelford and Bussey, respectively, to suspend the rules and place the Ordinance on its third and final reading.. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield then announced that the Ordinanc had PASSED. i .Consideration was then given to Ordinance No. 14,418, entitled: AN ORDINANCE APPROPRIATING $20,000.00 FOR ONE -TIME FUNDING OF NEIGHBORHOOD HOUSING SERVICES, INC.; ' and said Ordinance was read the first time; after which there was a motion by Director Bussey, seconded by Director Shackelford, that the rules be suspended and the Ordinance be. placed on second reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. 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, with the motion being made by Director Shackelford, seconded by Director Weeks, 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 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 - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. It ' was announced by Mayor Benafield that the Ordinance had PASSED. Resolution No. 6,955 was considered at this time, described as: A RESOLUTION COMMITTING TO ISSUE MEDICAL FACILITIES REVENUE BONDS FOR THE PURPOSE OF PROVIDING THE FINANCING FOR THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF CERTAIN MEDICAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (J & M Properties) and there was a complete reading of the Resolution. Vice Mayor Jones commented that she would like for the Board to set a policy of "sorts" to make it clear to the public when we are going to issue bonds. A motion then followed by Director Bussey and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following voter Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The next presentation was Resolution No. 6,956, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS ' REQUESTING THE ASSISTANCE OF THE ARKANSAS CONGRESSIONAL DELEGATION IN AMENDING THE FY 1984 BUDGET REQUEST OF THE U. S. DEPARTMENT OF TRANSPORTATION BY RESTORING THE FUNDS AVAILABLE FOR FEDERAL OPERATING ASSISTANCE TO PUBLIC TRANSPORTATION TO THE LEVEL AUTHORIZED BY THE FEDERAL PUBLIC TRANSPORTATION ACT OF 1982; t/ 33 14ARCH 15, 1983, Cont'd. and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Bussey, seconded by Director Weeks, and by the following roll call ' vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total Noes - None; Absent - Directors Hess and Hubbell - total 2. The next matter to be presented was Ordinance No. 14,419, containing the i following caption: AN ORDINANCE AMENDING THE PRIVILEGE LICENSE ORDINANCE REGARDING CONVENTION CENTER CHARGES; (Sec. 21.13.1(14 -h) 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 Jones and adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors- elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Bussey and Weeks, respectively, and unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of Board Directors Following the third last the Ordinance, the of - elect. and reading of there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Where- ' upon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,420, entitled: 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 NECESSARY TO RAZE AND REMOVE SAID BUILDINGS; DECLARING AN EMERGENCY; 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 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 again made by Director Bussey'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 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 Shall the Ordinance Pass, resulting in the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Emergency Section contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance, together with the Emergency Section, was then I declared PASSED. Mill 111111 - rill- 33 MARC_ 1983, Cont'd. Ordinance No. 14,421 was presented, containing the following caption: I AN ORDINANCE AUTHORIZING RIVERSIDE CABLE TV, INC., TO DROP TV STATION,WOR (NEW YORK) FROM ITS SCHEDULE OF PROGRAMMING; ' 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 five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Bussey, and seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was 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 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 - Mayor`Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance was then declared PASSED. Resolution No. 6,957 was presented, described as: i ' A RESOLUTION AUTHORIZING AND APPOINTING THE LAW FIRM OF HOUSE, HOLMES AND JEWELL TO REPRESENT THE CITY OF LITTLE ROCK IN THE CASE OF NAACP, ET AL. VERSUS THE CITY OF LITTLE ROCK; with said Resolution being read in full and thereafter adopted upon motion of Director Jones, seconded by Director Bussey, and the following roll call vote.: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The last Resolution to be considered was No. 6,958, entitled: A RESOLUTION CHANGING THE TIME OF THE BOARD OF DIRECTORS REGULAR MEETINGS TO 7:00 P. M.; and the Resolution was read in its entirety. A motion then followed by Director Bussey and 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 - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. At 8:25 o'clock P. M. Mayor Benafield declared there would be a ten minute recess prior to the public hearing on the regulation of taxicabs and presentation of the proposed Ordinance. The Board of Directors reconvened at 8:35 o'clock P. M. with Mayor Benafield presiding and the following Directors answering roll call: Directors Weeks, Bussey, Shackelford and Jones - total 4; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield then requested that the proposed Ordinance be read the first time, with the title being: AN ORDINANCE REGULATING THE TANICAB BUSINESS IN THE CITY OF LITTLE ROCK, REPEALING ARTICLES I, II AND IV OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The public hearing was then declared open ' with the main issues being whether metered fares should replace the current rate system based on zones; and, whether drivers should be required to use the Eastbelt Freeway between downtown and the airport; and ride - sharing. Mr. Bill Perry, chief executive 1111,637 MARCH 15, 1983, Cont'd. officer of the Little Rock Chamber of Commerce was the first speaker. He said the Chamber is completely adamant in regard to the routing from the airport, stating the ' freeway requirement would eliminate railroad crossings, traffic lights, passing throug the industrial area, and is faster, even though it is longer. Mr. Perry pointed out that his wife was charged too much for a ride from the airport to the Camelot Inn by a driver who also "picked up a 'honey' on the way in." Mr. Ted Snider, chairman of the Taxicab Sub - Committee of the Department of Transportation of the Chamber of Commerce, who has served on this committee for several years, advised the commitee has met with staff people, taxicab people, and the interested citizens of Little Rock and North Little Rock, and have tried to find ways to encourage and improve taxi service. He stated that taxi service and taxi drivers are very important to the image of the City. He addressed three concerns: (1) What is best for the local citizens? (2) The impress- ion we make on visitors to this City; and (3) The viability of the taxi operators. First he said, we want clean cabs in good mechanical condition; clean, courteous and competent drivers; we want fair and reasonable rates - consistent, predictable and clearly displayed; and we want safety for the passengers. Secondly, the impression we make on the visitors depends upon the appearance and condition of the cabs; the appearance and conduct of the drivers; and in the case of the airport, the route to and from. He endorsed sure and consistent fares, visible rates, safety conditions, and optional ride - sharing. Thirdly, he said "we want a rate that allows the drivers to make a.fair profit for the risk and investment they have made, including any added cost of the Ordinance; we want a fair charge system that insulates them from complaint and accusations that they continually get; we want standards that are equitable and fair to all operators and drivers and stability in the taxi.business that will allow these operators to make the required investment with confidence that they can recoup it and make a fair return." In conclusion he said, "we think this Ordinance is a good beginning and that most of the fears are unfounded." He was confident that any problems could be worked out. Mr. James Rodgers, manager of the Little Rock Regional Airport commented, "your staff and our staff, along with other interested citizens, have put together an Ordinance that is a beginning." It was his opinion that the meters themselves, would eliminate the problem of overcharging; and, that the problem with the present Ordinance is enforcement. He felt the problems would be eliminated wholly if (1) meters were installed and (2) if this Ordinance is enforced, if passed. Mr. Art Pfeifer, representing the Chamber of.Commerce acknowledged two types of passengers: (1) visitors to the City and (2) those who use cabs as their primary source of transportation. He pointed out the objectives of these two groups are identical: '.'to have safe, clean, responsible cab service at reasonable and affordable rates." He was opposed to the section of the proposed Ordinance that continues the independent cabs for an extended period of time, stating, "this establishes a dual standard and gives the independent operator an unfair competitive advantage in that that operator is not faced with the cost of a radio dispatch system as the other operators are." With this exception, he endorsed the other provisions of the ' Ordinance. He felt the installation of meters would insure that correct fares are being Mr. Pfeifer he to from the two charged. said rode and airport and was charged different fares. Addressing the Eastbelt Freeway requirement, he felt any additional cost for the longer route would be an insignificant part of a visitor's travel expense pointing out that the smell from sewer and rendering plants in East Little Rock can 33 MARCH 15, 1983, Cont'd. "knock your socks off." Regarding blind persons using cabs who now can learn the proper fare before entering a cab but, wouldn't be able to read a meter - he said they could ask for a receipt at the end of the metered cab ride to assure they hadn't been ' charged too much. In conclusion, he urged the staff to work with the operators in establishing a fair and equitable rate structure. Upon question by Director Jones, Mr. Nathaniel Hill advised that if requested, a taxi can take the shortest route from the airport, under the Ordinance as it is written. Director Jones also questioned if requested, could a taxi operator turn off the meter and charge a rate similar to what they are charging now, under this Ordinance? He responded with, "the meter shows a maximum and any meter can be turned off at any time, and any charge can be made lower than the maximum shown on the meter." Director Jones also questioned whether the present ride- sharing method could be continued, if requested. Mr. Hill explained ther are those who use taxicabs as their only means of transportation which is referred to as "special services." He said this service could be negotiated between the rider and operator. Regarding the other ride - sharing, he commented that had not been "looked into" but, there was nothing in the Ordinance to prohibit that. Mr. John Royse of 625 West Capitol was the next speaker. He commented that no one had addressed the ' meter problem and it was his opinion, there are more problems with meters than the zone system. He suggested that "the present zone system be beefed up." He said there are many ways drivers can get around meters, one being the scenic route which is the long way. Four independent drivers were heard next - Mr. Dewey Worthey, Mr. Avert Isham and Mr. Aaron Isham, with Mr. Joe Leveque as the speaker. Mr. Leveque protested the provision in the proposed Ordinance eliminating independent operators and the bad publicity of overcharging. He stated "the four of us.have conformed with everything you have asked, so why are we being discriminated against ?" Upon question by Director Jones, it was stated there is nothing in the Ordinance to prohibit these four operator from joining together and forming a company. Ms. Reba Whipple, a member of Arkansas Community Organization fro Reform Now said meters are a :'rip off" and in regard to routing over the Eastbelt Freeway, "why do you want us to hide - if you're ashamed of the poor sections of town, do something about it." Mr. Dennis Holzhauser told the ' Board that higher fares with meters would penalize the townspeople just to impress visitors; adding, "you should deal with the airport problem and leave the rest of us along." Mr. Bob James of Black and White Cab Company acknowledged that there are problems at the airport with cab service but, he said the City could enforce fare schedules under the existing Ordinance guidelines and conditions at the airport would cease. Mr. Jim Hudson and Mr. Joe Register spoke against the meters saying, that service has greatly improved with the independent operators, and asked the-Board to reconsider this Ordinance. Mr. Hudson filed a protest petition to the proposed Taxi- cab Ordinance. Mr. Jerry Palmer, an independent operator, spoke against phasing out independents and was against the Ordinance all together. Mr. Willie Scott, another independent driver spoke in opposition to the phasing out of independent operators; however, he supported metered fares, saying they would cut down on overcharging. Mr. Paul Grasiana, a rehabilitation counselor, said if the Ordinance is passed, it wil destroy jobs and voiced opposition to meters. Mr. Larry Carpenter, attorney for ' Capitol Cab Company was opposed to meter fares and said since part of the freeway is outside the city limits, the Board of Directors would have no authority to set fares over that part of the route. Mr. John Hall, Jr., representing Black & White Cab 39, MARCH 15, 1983, Cont'd.. Company was opposed to the proposed Ordinance also. He stated when meters are installed the rates will go from sixty cents per mile to about eighty -five or ninety cents per mile; that under the Ordinance, one cannot negotiate fares; and that this Ordinance will effectively destroy the share - riding concept and if it does that, i ` taxicabs will lose 80% of the rebate on the five -cent gas tax which goes into effect April lst. In the closing discussion, Director Jones asked the Staff, -for the next agenda meeting, to clarify in the body of the Ordinance, those areas which deal with negotiation of rates and the maintaining of the ride - sharing option. Also, she was particularly interested in maintaining the option for those even under a taxi metered system, and said she would like some dialogue or thought from the Board as to the creation of an advisory board made up of consumers, taxi companies, the business community and City Staff. There was no further discussion, the public hearing was declared closed and the proposed Ordinance remained on the calendar for second it reading. There being no further business to be presented, it was moved by Director Bussey, i seconded by Director Weeks, and unanimously carried that this meeting be recessed at ' 10:40 o'clock P. M., and that the Board of Directors reconvene on Wednesday, March 30, 1983 at 1:30 o'clock P. M. to discuss appointments and reappointments to various i Boards and Commissions. ATTEST: %'fl APPROVED: i Jane Czech, City Clerk J. W. Benafield, Mayor I I i i I 1 I 34('j 11 Board of Directors Chamber Little Rock, Arkansas March 30, 1983 - 2:15 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the ' March 15, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess,, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The first matter to be presented was Resolution No. 6,959, entitled: A RESOLUTION DECLARING MARCH 31, 1983 "JACK WILSON DAY "; AND FOR CTHER PURPOSES; and the Resolution was read in its entirety. Mr. Wilson, Manager of the Little Rock Municipal [dater Works is retiring March 31, 1983 after more than twenty years as manager /engineer of the Water Works. Mayor Benafield and members of the Board of Directors expressed appreciation to Mr. Wilson for his years of dedicated service to the City of Little Rock and its citizens. A motion then followed by Director Jones an seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and ' the Resolution subsequently adopted by the following vote: .Ayes - Director.Hess, Mayo Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. At this time, Mayor Benafield recognized Mr. Julius Breckling, Director of Parks and Recreation for the City of Little. Rock, for two outstanding awards. On January 21, 1983, the Metroplan Board of Directors and Staff presented the "1982 Environmental Service Award" to Mr. Breckling, for outstanding contributions to the preservation, i restoration and protection of the environmental quality of the Little Rock -North Little Rock Area. On March 21, 1983, The Southwest Regional Council of National Recreation and Parks Association conferred the title of "Fellow" upon Mr. Breckling for outstand- ing service. Mayor Benafield and the Board of Directors congratulated Mr. Breckling and expressed appreciation for his outstanding accomplishments. Introduced next was a Resolution, No. 6,960, which did not contain a formal ' caption but, Section 1 states: "The City of Little Rock urges the Governor of the State of Arkansas to allow a smooth transition of service delivery for its citizens, and its primary concern centers around proven effective and efficient service delivery by continuing the designation of the City of Little Rock as a service delivery area under the Job Partnership Training Act of 1983." Mr. Paul Berry, head of the existing CETA Council and a member of the state council overseeing the switch to the new program, was present to answer questions from Board Members. He stated that Mayor Benafield had been furnished a copy of the Minutes of the last meeting of the six county elected officials held March 24, 1983 at 1:30 P. M. At that meeting, the officials voted to establish a 23- member private industry council to oversee the program in the six - county area. Under this proposal, Pulaski County would have only six members. Director Bussey explained that "we want to be the administrative arm of the six - county area, but if they don't want us, we are simply asking that the Governor , designate Little Rock as a single service area and administrative arm." Mr. Bussey said the Dermanent administration will be selected by the private industry council, but the small allotment of members from Pulaski County assured that city officials would have a weak voice in the selection process. In the discussion, Vice Mayor Jones I I � MARCH 30, 1983, Cont'd. stated that she preferred the Governor designating Pulaski County as the servicing area for the new program; however, if this does not happen, that a more equitable share of the council members be alloted to Pulaski County, since it is the most populous county. She commented that our representative to the March 31st Meeting, urge that "we have a greater representation on the 'Pic" Council." In conclusion, Mr. Berry urged the Resolution be supported because we are likely to lose the most experienced administrative agency in this area. A large group of citizens was present in support of the Resolution. There was no further discussion and a motion followed by Director Hubbell and seconded by Director Hess, that the Resolution be adopted. A roll call was taken and the Resolution. subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No'. 6,961 was then presented, designated as: A RESOLUTION 14AKING APPOINTMENTS TO THE LITTLE ROCK HOUSING AUTHORITY; AND FOR. OTHER PURPOSES; (Mr. LeRoy T. Williams to fill the unexpired term of Mr. Lou B. Hoffman, and Tor. Calvin Scribner to fill the unexpired term of Mr. Booker Day.) and there was a full reading of the Resolution which was subsequently adopted upon I motion by Director Weeks, seconded by Director Hubbell, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Ordinance No. 14,422, with the title being: AN ORDINANCE EXTENDING THE EXPIRATION DATE OF TAXICAB OPERATOR PERMITS FROM MARCH 31, 1983 to MAY 5, 1983; and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Weeks, 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 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 Hubbell, seconded by Director Jones, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - I None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. There being no further business to be presented, it was moved by Director Bussey, ' seconded by Director Hess, and unanimously carried that this meeting be adjourned at 2:55 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday, April 5, 1983. / ATTEST: C APPROVED: Jane City Clerk J. W. Benafield, Mayor I 342 Board of Directors Chamber Little Rock, Arkansas April 5, 1983 - 7 :00 P. M. 1 The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Benafield presiding and Jane Czech, City Clerk, and the following'Directors present: Directors Hess, Weeks, Bussey and Hubbell - total 4; Absent - Director Shackelford and Vice Mayor /Director Jones - total 2. It was announced that a quorum was in attendance and the following is an account of -the proceedings: The Invocation was given by Director Hess. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held March 15, 1983 and the reconvened meeting held March 30, 1983. (b) Resolution No. 6,962 was presented, entitled: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO CONVEY EXCESS RIGHT -OF -WAY ON EAST ROOSEVELT ROAD TO THE LITTLE ROCK AIRPORT COMMISSION. (c) Resolution No. 6,963, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO FILE THE i NECESSARY CONDEMNATION SUITS TO ACQUIRE LANDS ON THE EAST BANK OF ROCK CREEK BETWEEN BOYLE AND KANIS PARKS. (d) Resolution No. 6,964, described as: A RESOLUTION SETTING THE DATE OF APRIL 19, 1983, FOR A PUBLIC HEARING ON THE NINTH -YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. (e) Resolution No. 6,965, containing the following caption: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF PARTS FOR VEHICLE MAINTENANCE; HOSES AND i NOZZLES FOR THE FIRE DEPARTMENT; JANITORIAL SERVICE FOR CITY BUILDINGS; AND FOR THE PURCHASE OF PATROL VEHICLES. ' (f) Resolution No. 6,966, designated as: A RESOLUTION AMENDING RESOLUTION NO. 6,952 OF MARCH 15, 1983, TO AUTHORIZE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A COMPUTER SYSTEM FOR THE DEPARTMENT OF IIANAGEIIE14T SUPPORT WITHIN BUDGET LIMITS. (g) Resolution No. 6,967, entitled: A RESOLUTION SETTING THE DATE OF APRIL 19, 1983, FOR A PUBLIC HEARING ON THE APPLICATION OF RIVERSIDE CABLE TV, INC., FOR A RATE INCREASE. (h) Resolution No. 6,968, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE AN AMICUS CURIAE BRIEF IN THE CASE OF DONREY COMMUNICATIONS CO., INC., ET AL. V. CITY OF FAYETTEVILLE, ET AL. (i) Resolution No. 6,969, containing the following heading: A RESOLUTION SETTI14G THE DATE OF APRIL 19, 1983, FOR A PUBLIC HEARING (Raney Building) ON THE ISSUANCE OF METROCENTRE IMPROVEMENT DISTRICT NO. 1 REVENUE BONDS. By motion from Director Bussey, seconded by Director Hubbell, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a, b, c, d, e, f, g, h & i) Resolutions No. 6,962, 6,963, 6,964, JV/ P43 APRIL 5, 1983, Cont'd. 6,965, 6,966, 6,967, 6,968 and 6,969 were read in full and adopted by the following roll call vote: Ayes - Director Hess„ Mayor Benafield, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Director Shackelford and Vice Mayor/ Director Jones - total 2. A proposed Ordinance had been placed on the Agenda to reclassify 9900 Geyer m Springs Road in the City of Little Rock, from "R -2" Single - family District to "MF -12" U Multi - family and "OS" Open Space Districts, as approved by the Planning Commission. v � Acting City Manager Susan Fleming announced that the applicant had requested that the matter be deferred until the Board of Directors Meeting on August 2, 1983, in an s effort to satisfy objectors to the proposal. Mr. Robert L. Burns, a property owner at 5919 Liberty Cove, who objected to the rezoning, voiced an opinion that the requested M deferral might bring about an agreement between the applicant and property owners in w N the area. The request for deferral until August 2, 1983 was granted and no action was �t 1 taken. r Introduced at this time was Ordinance No. 14,423, containing the following title: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP ADOPTED BY ORDINANCE NO. 13,874, TO REPLACE THE "MF" MULTI- FAMILY DESIGNATION SHOWN EAST OF GEYER SPRINGS AND NORTH OF I -30, WITH "SD" STRIP DEVELOPMENT; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Shackelford and Vice Mayor /Director Jones enrolled at this time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Hubbell, seconded by Director Hess, 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 Hubbell and seconded by Director Hess, 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 taken on the passage of the Ordinance with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,424 was the next presentation, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 100 SOUTH BROWN STREET (Z- 3956), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For duplex use in "R -3" District) with the Ordinance being read the first time; after which there was a motion by Directo Hubbell for a suspension of the rules and the placing of the Ordinance on second read- ing. The motion was seconded by Director Hess, 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, I ' with a motion thereafter being made by Director Hubbell, again seconded by Director Hess, to further the the Ordinance third final reading. suspend rules and place on and 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 an 3441 APRIL 5, 1983, Cont'd. No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. The following applications for rezoning was presented at this time, as approved by the "Planning Commission on March 15, 1983: Z -3963 - From George Wells for Warner P. Athey, to rezone Lot 9D, Triangle Properties Industrial District, being a replat of Lot 9B and the E 165' of Lot 9C, Triangle Properties Industrial District, and Lot 9E, Triangle Properties Industrial District, being a replat of Lot 9B and the E 165' of Lot 9C, Triangle Properties I Industrial District, from "R -2" Single - family District to "C -3" General Commercial and "I -2" Light Industrial Districts. Z -3971 - From Buster Riley for the City of Little Rock, Arkansas to rezone the N/E Corner of 12th & Spring Streets described as Lots 5 & 6, Block 196, Original City of Little Rock, Arkansas, from "HR" High Density Residential to "GB" General Business District. As there was no one present in opposition to the reclassification of the above- ' described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,425 as follows) There was presented Ordinance No. 14,425, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE CITY OF LITTLE ROCK, i 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 to allow for the second reading by motion of Director Hubbell, seconded by Director Hess, 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 again made by Director Hubbell, seconded by Director Hess, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the ' members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance which resulted as herein described: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I Mayor Benafield then announced that the Ordinance had PASSED. The following application for a Planned Unit Development was presented at this time, as approved by the Planning Commission on March 15, 1983: Z -3966 - From Ron Tabor of Flake & Company to rezone the S/E Corner of West Plarkham and Shackleford Road, comprised of 1.3 acres, described as Lots 3 & 4, Bessie C Lewis Addition and Part of Lot 12, West Markham Street Subdivision of the City of Little Rock, from "C -2" Commercial District to a Planned Commercial District. No one present opposed the proposal and Ordinance No. 14,426 was introduced, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRIC ' TITLED LEWIS SQUARE (Z -3966) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6.101 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 Hubbell, V �'l 345 APRiL 1983, Cont d. seconded by Director Hess, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Hess, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Another application (Z -3965) for a Planned Unit Development was presented and approved by the Planning Commission on March 5, 1983, from Gaylon E. Ware for Prentiss E. Ware, to rezone the N/W Corner of Lehigh Court and Lehigh Drive west of Barrow Road, described as a replat of Lots 214 -17, Campus Place Second Addition to the City of Little Rock, from "R -4" District to a Planned Residential District. There were no ' objections to the rezoning and Ordinance No. 14,427 was considered, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING 'A "PRD" DISTRICT TITLE LEHIGH PLACE (Z -3965) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6.101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hubbell, seconded by Director Hess, 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 Ordi- nance at this time, with the motion being made by Director Hubbell, again seconded by Director Hess, 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 results bein i recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 14,428 was the next matter to be considered, described as: AN ORDINANCE VACATING, CLOSING AND ABANDONING A PORTION OF THE STREET RIGHT OF WAY ADJACENT ON THE WEST TO FRACTIONAL BLOCK 80, ORIGINAL CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Pursuant to power granted to First Class Cities by Arkansas Statute 19 -2304 - for the State House Convention Center) (Ashley St. between Markham & LaHarpe) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Hess, 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 again made by Director Hubbell and seconde 3461 APRIL 5, 1983, Cont'd. by Director Hess, 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance had PASSED. The next presentation was Resolution No. 6,970, entitled: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $4,200,000 REVENUE BONDS (CAPITOL CENTER PROJECT), FIRSTSOUTH FEDERAL SAVINGS AND LOAN ASSOCIATION - SERIES 1983; and the Resolution was read in its entirety. With no one present to oppose the Resolution, a motion followed from Director Bussey, seconded by Director Weeks, for the adoption of the Resolution. A roll call was taken on the motion to adopt the Resolution with the response recorded as follows: Ayes - Director Bess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; ' Absent - None. A public hearing had been scheduled for this time and place by the Board of Directors on entrance into an agreement to issue bonds for the purpose of securing and developing industry within or near the City of Little Rock, for Conestoga Wood Specialties, Inc., in an amount not to exceed $2,500,000. Mayor Benafield declared the public hearing open and when no one was present to address the issue, the public heaein was declared closed and Resolution No. 6,971 was presented, containing the following caption: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE (Act 9 Bonds) ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY; and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Director Bussey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Director Hess, Mayor ' Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 6,972, entitled: ' A RESOLUTION AUTHORIZING A 11EMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE (Act 9 Bonds) ROCK, ARKANSAS, AND MACMILLAN BLOEDEL CONTAINERS PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Not to exceed $2,200,000.00) and there was a complete reading of the Resolution. A public hearing had been scheduled for this time and place and Mayor Benafield declared the public hearing open. There was no one present who opposed the proposal but, Mr. David Menz, Attorney for the Bond Issue introduced Mr. Al Hopkins of the Little Rock Division of MacMillan Bloedel to answer questions any Board Members might have. Vice Mayor /Director Jones ' asked Mr. Hopkins if the purchase of a Koppers Flexo Folder Gluer and a Post Folder Gluer would really enhance employment or would it in fact, reduce manpower hours? Mr. Hopkins advised the purchase of the equipment would expand present hourly employ- men from 119 to 129 employees; adding, it would allow the company to manufacture II APRIL 5, 1983, Cont'd. bigger boxes, increase the volume of productivity, and be more competitive in the market place. Upon question by Director Jones, Mr. Hopkins informed there are two ' other companies in Little Rock in competition with MacMillan Bloedel, but that to his knowledge, there is no other Flexo and Post Folder Gluer equipment in the City. Vice Mayor /Director Jones commented that the issuance of bonds should be for a public purpose, and that public purpose is to expand our employment. She stated she had received two telephone calls in which it was stated that this bond issue would put MacMillan Bloedel in a more advantageous competitive position, than the other two competitors._ There was no further discussion, the public hearing was declared closed and a motion followed from Director Hubbell, seconded by Director Bussey, for the I • adoption of the Resolution. A roll call was taken on the motion to adopt the Re- solution with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - Vice Mayor /Director Jones - total 1; Absent - None. i A public hearing and proposed Resolution had been placed on the Agenda authoriz- ing a Memorandum of Intent by and between the City of Little Rock and Little Rock ' Freezers, Inc. pertaining to the issuance of Industrial Development Revenue Bonds. Acting City Manager Susan Fleming advised that she had received a request to defer the I matter until April 19, 1983; therefore, no action was taken. Ordinance No. 14,429 was presented,_entj_tled: AN ORDINANCE APPROPRIATING FUNDS FOR CONSTRUCTION OF THE GIRAFFE DISPLAY AT THE ZOO; ($55,000.00) 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 reading of the Ordinance ensued. A subsequent motion was again made by Director Hubbell and seconded by Director Weeks, to suspend the rules and place the Ordinance on third and final reading. The motion was un- animously adopted by 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Consideration was then given to Ordinance No. 14,430, described as: AN ORDINANCE 162,1ENDING CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO SIGN REGULATIONS IN THE CITY; DECLARING AN EMERGENCY; i (Re: Billboards) with there being a first reading of the Ordinance. Director Hubbell reminded that since last Wednesday's work session, the Staff has recommended that there be one modification in the Ordinance to include a provision that "any existing off - premise signs not be increased in size." So that people could address this provision in the ' public hearing, he stated that he would make a motion at this time, to amend the I Ordinance to include this provision, with the motion being seconded by Director Bussey. Mayor Benafield then declared the public hearing open with Mr. Arthur Lee Coleman making opening comments. He told the Board that he is employed by Donrey Outdoor l ✓ 34e III APRIL 5, 1983, Cont'd. Advertising Company and that as he understands, "if you all ban all the billboards, I won't have a job and I need my job." Mrs. L. C. Beaumont of 5014 Club Road, whose husand is also employed by Donrey said, "there are enough people out of work in this City that we don't need any more unemployed." Ms. Nancy Clark remarked that about a ' month ago, she was at the library and looked up Arkansas, where she read: "Little Rock is an elegant city located on the banks of the Arkansas River" and then she said, "about a month later, these giant signs started springing up and I thought, there goes out elegant city." In listening -to the people about losing their jobs, she felt i if we keep the beauty of the city, that people will come here for conventions in the future and visit our city and that will make more jobs than a few more giant signs, which are ruining the looks of the city. Mr. Ben Ivy, a spokesman for the National Advertising Company, a subsidiary of the 3 -11 Company, read a prepared statement in which he said Little Rock has never had the reputation of being "oversigned ", with this market always being handled with utmost discretion. He referred to a company tha• has operated in Little Rock for over seventy years - Baird / Donrey that has acted in the best interest of the City of Little Rock since the very beginning. He said his company, "3 -M ", has followed their example, yet because of the recent activity of a ' brand new company, all of us must suffer even those who have tried to act with dis- cretion. Instead of totally prohibiting new billboards, "you can restrict and you can regulate, but you can also allow an important industry in a much needed advertising media to continue serving this community." Mr. Gene Levy, a Little Rock architect, also read a prepared statement in support of the Ordinance and against billboards. He said, "there is a large segment of Little Rock residents with no vested interest in billboards who don't want the community to continue to be abused by visual blight in the form of billboard pollution." He asked those present opposing billboards to raise their hands and commented, "these people are here tonight to urge you to enact stringent billboard controls - - it is time that the common good must be served." Mr. George Wittenberg, another architect, briefly referred to the Sign Ordinance and stated "the billboards have gone too far this time and visual pollution effects our city's quality of life." Mr. W. P. Hamilton, Attorney for Donrey Outdoor Advertising Company opened his comments by asking the Board of Directors to think about what they , were about to do. He continued with, "the Sign Ordinance that is before you tonight has serious questions of constitutional law. I don't know if you have considered the full import of the antitrust sanction. You are legislating into existence a monopoly, strictly forbidden, and your action is going to create a monopoly. Obviously there are 408 permits today and you have said here, 'no new permits' = that means the presen p P monopoly ermittees have a complete on all outdoor advertising in your community. P y Finally the legal question, what is your personal exposure to personal liability for litigation expenses and judgment? It is a serious question. Referring to the amortization provision, relating to scenic corridors, "this was a question posed by th City of Little Rock in 1980 to the Attorney General for an opinion - - 'would the adoption by the City of Little Rock of an Ordinance which requires the removal of non - conforming signs without compensation, legally erected under State Law, adjacent to a federal highway, subject the State of Arkansas to a reduction of federal highway , funds, because of non - compliance with the Federal Highway Beautification Act ?' In a lengthy opinion, the Attorney General in which he.cites and refers to the opinion of the United States Attorney General concluded, 'it is my opinion that amortization would appear not to constitute just compensation as it applies to the federal code; I ✓ I _ I $49 APRIL 5, 1983, Cont'd. I further, a municipal ordinance which requires the removal of non - conforming signs along interstate and primary federal aid highways, would not compensate, but would ' result in a ten percent reduction in federal aid funds, as specified in-the United States Code'." Mr. Hamilton said that Donrey /Baird has been a good corporate citizen over the many, many years and he mentioned a letter from the City, thanking Donrey for advertising in the City's effort to pass the sales tax; adding, "here you plan to liquidate a company without any compensation - - our own Constitution, Article II, states the right of property is before and higher than any constitutional sanction and private property shall not be taken, appropriated, or damaged, for public use without just compensation." In conclusion, Mr. Hamilton asked the Board to seriously consider the issue and to see if somewhere between "0" and "100" there can't be a meeting ground so the industry can survive. Mr. Pat Walsh, general manager of KLRA radio station, opposed the banning of billboards even though he is a competitor_- "billboard have not hurt me one bit." He was critical of one of the morning newspaper's editorials and cartoons regarding the billboard controversery. There was no further discussion and Mayor Benafield declared the public hearing closed. At this point, ' Director Hubbell reminded that a motion had been made and seconded to amend the Ordinance to include the staff recommendation received in the Board's pony express and as stated after the first reading of the Ordinance. A roll call was taken on the motion with the results being: Ayes - Director Hess, Mayor Benafield, Directors Weeks Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. With the motion having been adopted, there was a motion by Director Hubbell, seconded by Director Bussey, that the rules be suspended and the Ordinance, as amended, 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, as amended, a motion was again made to suspend the rules to allow for the third and final reading, with the motion being made and seconded by Directors Hubbell and Bussey, respectively, and adopted by unanimous vote of the 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. There was a third and last reading of the Ordinance, as amended, followed by an Aye and No Vote taken on the passage of the Ordinance, as amended, with the resulting vote being' recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 4'of the foregoing Ordinance, as amended, was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, together with the JTnergency Section was declared PASSED. Presentation of Resolution No. 6,973 then followed, containing the title of: A RESOLUTION DIRECTING THE CITY MANAGER TO DEPOSIT MONIES FOR THE REMOVAL OF OFF- PREMISE SIGNS; ' and there was a complete reading of the Resolution. Vice Mayor /'Director Jones then advised that $1,295.00 had been twenty -two contributions just received representing and she was told that two other companies will be making contributions in the near future to be deposited in this account. A motion was then made by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Bussey and the v 50IJ� III APRIL 5, 1983, Cont'd. I Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Next presented was Ordinance No. 14,431, entitled: , AN ORDINANCE REGULATING THE TAXICAB BUSINESS IN THE CITY OF LITTLE ROCK; REPEALING ARTICLES I, II AND IV OF CHAPTER 23 OF THE CODE OF ORDINANCES,OF THE CITY OF LITTLE ROCK, ARKANSAS; . and there was a second reading of the Ordinance, with the first reading having occurred on March 15, 1983. The rules were then suspended to allow for the third and final reading by a motion by Director Hubbell, 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. Before the third read- ing of the Ordinance, Mayor Benafield invited persons wishing to address the issue to be heard at this time. Mr. Jim Hudson of 3604 Oakwood Road was the first speaker, who also filed a petition from the National Federation of the Blind of Arkansas, signed by persons objecting to taxicab meters for assessing fares. His opinion.was that when meters are installed, the rates are going up and that the current cab structure is ' adequate. Mr. Joe Regiester, president of the Central Arkansas Chapter of the National Federation of the Blind opened his remarks by saying if there were complaints about the cab service, I as president, would hear about them first. Secondly, he said, "the proposed Ordinance is designed to take care of visitors to our State - meters will drive prices up." Mr. Jim Sparks stated "the problem you have here is the airport the people coming into the airport usually come one time a year and meters will increase rates for those of us who use the cabs to get to work." Mr. Larry Carpenter, representing Capitol Cab Company, suggested that the Board might want to consider taking out the section of the meters in the Ordinance and treating it as a Resolution. He stated, "we are opposed to meters - they will have a significant financial impact on us and this will effect rates one way or another." Mr. Rick Johnsrud was opposed to meters saying they would raise rates, and that complaints are not much of an issue.' I Mr. Dennis Holzhauser told the Board that he uses the cabs every day, that he supports , independent drivers, he is opposed to meters, and that this will mean an end to share - riding, and will deal a crippling blow to "all of us." Mr. Paul Graziani's opinion was that the proposed Ordinance will harm 95% of the cab users in the City. Mr. John Hall of Black & White Cab Company advised he is opposed to meters because they will, through necessity, raise rates. Mr. Willie Scott, an independent driver outlined the type of taxicab service he would like to see in Little Rock as follows: upgrade the taxicab service; provide revenue for the City; provide better service for the people o Little Rock; provide income for the taxicab drivers and with meters, they could get that; and to provide a special service for old people. In conclusion, he spoke in favor of the meter system for taxicabs. At this point, City Attorney Jack Magruder, read the following amendments discussed at the Agenda Session on Wednesday: Under Section 1, Definitions - Add: (r) Person. The word "person" shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as ' well as to individuals. APRIL 5, 1983, Cont'd. Under Section 23 - Separability Clause - Add: It is hereby'declared to be the intention of the Board of Directors that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this ordinance, or the application thereof to any person or circumstance, is declared to be invalid by a court of competent jurisdiction for any reason, such invalidity shall not vitiate any of the remaining sections, paragraphs, sentences, clauses, and phrases or the application thereof to any person or circumstance involved. Under Section 19 - last paragraph - Delete the following: Upon arriving or departing from the airport terminal, the taxicab . driver shall use the eastbelt freeway for entering and departing from the airport for destinations facing Interstate I -30 and west, unless otherwise requested by the passenger. Amend Section 1, Definitions, paragraph (1) to read: (1) Fleet Taxicab Operator Permit. The term "fleet taxicab operator permit" means permission granted to the City to an operator to operate a taxicab service employing two (2) or more taxicabs for aperiod of two years and nine months from April 1, 1983, to and including December 31, 1985, and is renewable under the provisions of this ordinance. Amend Section 1, Definitions, paragraph (m) to read: (m) Independent Taxicab Operator Permit. The term "independent taxicab operator permit" means permission granted by the City before the effective date of this ordinance to an operator to operate a taxicab service employing a single taxicab for a period of two years and nine months from April 1, 1983, to and including December 31, 1985, and is renewable under the provisions of this ordinance. Amend Section 2, III, (k) to read: (k) Transfer of Taxicab Operator Permit. No independent taxicab operator permit granted under this ordinance may be sold, assigned, transferred, leased, or mortgaged; and no fleet taxicab operator permit may be sold, assigned, transferred, leased, or mortgaged without the approval of the Board of Directors. Amend Section 2, IV, paragraph (a) to read: No additional independent taxicab operator permits shall be issued after the effective date of this ordinance. Amend Section 2, IV, (b) to read: (b) Taxicab operators shall apply for renewal of their permits at least sixty (60) days before expiration of their permit and the permit, after December 31, 1985, shall be for a period of three years. ' Section 2, V, Delete the last sentence of paragraph (a) reading: (a) The permit shall be issued for a period of time not to exceed one year. A motion then followed by Director Hubbell to amend the Ordinance to include the amendments stated by Mr. P4agruder. Director Bussey provided the second to the motion I which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, as amended, was then read the third and last time with a roll call taken on the question, Shall the Ordinance Pass. A roll call was taken with the results being recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, as amended, was then declared PASSED. Resolution No. 6,974 was presented at this time, with the title being: A RESOLUTION DIRECTING THE CITY STAFF TO DETERMINE THE FEASIBILITY OF THE PURCHAS ' OF TAXICAB METERS FOR LEASE TO TAXICAB OPERATORS; CREATING AN ADVISORY COMMITTEE; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion followed by Vice Mayor /Director Jones to amend the Resolution to "create an Advisory Committee to the Staff through the imp em ntation of this Ordinance dealing with taxicab meters. All as ects of 35 i III APRIL 5, 1983, Cont'd. the meters would be considered by this Advisory Committee, including the rates, type of meters to be purchased, etc. The Advisory Committee shall be made up of members of the business community, the independent taxicab operators, the two cab companies ' and the public at large, not to exceed fifteen members.. The Committee shall meet approximately four times; at least three times before October 15, 1983 and one time after that to monitor the implementation of this new Ordinance." The motion was seconded by Director Hubbell and adopted by unanimous voice vote of the Board Members present. With the motion to amend the Resolution to create the Advisory Committee having been adopted, a subsequent motion followed by Director Hubbell, seconded by Director Weeks, that the Resolution, as amended, be adopted. A roll call was taken and the Resolution, as amended, was adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Iiubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Resolution, as amended, was adopted. Ms. Rose Hyde of 3010 Ringo Street appealed to the Board of Directors to provide school crossing guards in that area, after a nine year old boy.was struck by an automobile and seriously injured near Rightsell School. Mayor Benafield advised , Ms. Hyde the matter could be handled in the Office of the City Manager, and referred her to Acting City Manager Susan Fleming. The last order of business was a Motion by Director Hubbell, seconded by Director Bussey,.that a public hearing be scheduled and advertised for Tuesday, April 19, 1983 at 7:00 o'clock P. M. regarding the issuance of taxicab operator permits to two taxi- cab companies and various independent operators. The motion was unanimously adopted and the public hearing set by a roll call vote of 7 ayes, 0 noes,and 0 absent. There being no further business to be presented, it was moved by Director Bussey, seconded by Director Hess, and unanimously carried that this meeting be recessed at 9:20 o'clock P. M., and that the Board of Directors reconvene on Wednesday, April 13, 1983 at 1:30 o'clock P. M., for the purpose of considering appointments to various Boards and Commissions. palt- ED: ATTEST : C2� APPROV City Clerk Mayor it i 553 Board of Directors Chamber Little Rock, Arkansas April 13, 1983 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the April 5, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey and Jones - total 4; Absent - Directors Shackelford and Hubbell - total 2. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. Ilayor Benafield announced that appointments to Boards and Commissions would not be considered at this time, but several matters were removed from the "Tentative Agenda" for April 19th and considered. The results of action taken on those matters are recorded below. The first items to be considered were as follows: (a) The Minutes of the April 5, 1983 Board of Directors.Meeting. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1983. (c) The 1982 Audit Report of the Little Rock Advertising and Promotion Commission. By motion of Director Weeks, seconded by Director Bussey, which was adopted by unanimous voice vote of the Board Members present, the Minutes were approved as written and summarized to the Board of Directors, and the Comparative Statement of Income Account of the Little Rock Municipal Water Works, and the 1982 Audit Report of the Advertising and Promotion Commission were received and filed. The next presentation was Resolution No. 6,975, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE 8TH YEAR CDBG STREET CONSTRUCTION /STORM DRAINAGE IMPROVEMENTS; FOR THE 1983 RESURFACING AND SLURRY SEAL PROJECTS; FOR THE PURCHASE OF AN ASPHALT ROLLER, DUMP TRUCKS, SUB - COMPACT FLEET VEHICLES, SERVICE TRUCKS, RENTAL CARS, MOTORCYCLES FOR THE ' POLICE DEPARTMENT, AND TELEPHONES FOR THE EAST LITTLE ROCK COMMUNITY COMPLEX; and there was a full reading of the Resolution which was subsequently adopted upon motion by Director Weeks, seconded by Director Bussey, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. Resolution No. 6,976 was considered and contained the following caption: A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE LITTLE ROCK JOB TRAINING PRIVATE INDUSTRY COUNCIL REGARDING THE EXPENDITURE OF FISCAL YEAR 1983 SUMMER YOUTH EMPLOYMENT PROGRAM FUNDS; and there was a complete reading of the Resolution. A motion then followed by Director Weeks and seconded by Director Bussey, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes. - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. - Consideration was then given to Resolution No. 6,977, entitled: A RESOLUTION FOR THE PURPOSE OF AUTHORIZING THE FILING OF AN URBAN DEVELOPMENT ACTION GRANT APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA ON BEHALF OF YORK- HANNOVER SEAMLESS TUBE, INC. AND DECLARING 4 f 35 I� APRIL 13, 1983, Cont'd. AN EMERGENCY; and the Resolution was read in its entirety. A motion then followed by Director Weeks and seconded by Director Bussey, that the Resolution be adopted. A roll call ' was taken with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. The Emergency Clause contained in Section 4 of the foregoing Resolution was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. It was then announced by Mayor Bena- field that the Resolution, together with the Emergency Section had been ADOPTED. The next presentation was Resolution No. 6,978, with the title being: A RESOLUTION AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY FOR THE USE AND BENEFIT OF THE LITTLE ROCK MUNICIPAL WATER WORKS TO PARKWAY VILLAGE, INC.; (Price of $34,500.00) and said Resolution was read in full. A motion was then made by Director Weeks that ' the Resolution be adopted. The motion was seconded by Director Bussey, after which a roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors.Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. The last matter to be considered was Ordinance No. 14,432, entitled: AN ORDINANCE EXTENDING THE WRECKER SERVICE FRANCHISE GRANTED BY ORDINANCE NO. 14,040 OF 1981 FOR A PERIOD OF ONE YEAR FROM MAY 5, 1983; 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 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 the second time, resulting in a motion again made by Director Weeks and seconded by Director Bussey, 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, Shall the Ordinance Pass, resulting in the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Jones - total 5; Noes - None; Absent - Directors Shackelford and Hubbell - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following.roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks and Bussey - total 4; Noes - Vice Mayor /Director Jones - total 1; Absent - Directors Shackelford and Hubbell - total 2. Whereupon, the Ordinance, together with the Emergency Section was then declared PASSED. V 55 APRIL 13, "1983, Cont'd. With there being no further business to be presented, it was moved by Director Bussey, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 1:50 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, May 19, 1983 at 7:00 o'clock P. M. � ATTEST: APPROVED: a +,-�J( City Clerk Jane Czech Mayor J. W. Benafield I I I I I I ` I IU 10 Board of Directors Chamber Little Rock, Arkansas April 19, 1983 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Shackelford and Jones - total 4; Absent - Directors Bussey and Hubbell - total 2. With a quorum in attendance „Mayor Benafield declared the Board of Directors in session. The Invocation was given by 11ayor Benafield. To open the meeting, Mayor Benafield explained that he would appreciate the Board considering a Resolution regarding the creation of a Sister City, and upon approval, Resolution No. 6,979 was presented, entitled: A RESOLUTION APPROVING THE CREATION OF A SISTER CITY AFFILIATION BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF KAOHSIUNG, PROVINCE OF TAIWAN, REPUBLIC OF CHINA; and after a full reading of the Resolution, there was a motion by Director Weeks, seconded by Director Hess, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. The Consent Agenda was the next presentation consisting of the following items: (a) The Minutes of the reconvened meeting held April 13, 1983. (b) A Motion to set a public hearing on May 3, 1983 to consider Zoning Appeal Z -3969, to rezone 7919 West 5th Street, from "R -2" Single - family District to a "Planned Commercial Development." By motion from Director Shackelford, seconded by Director Hess, 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 reconvened meeting held April 13, 1983 were approved as written and summarized to the Board of Directors; and (b) Motion was made ' and adopted to set a public hearing May 3, 1983 to consider Zoning Appeal Z -3969. A public hearing had been scheduled for this time and place on the approval of various projects and allocations of funds as provided for in the City of Little Rock's 9th Year Community Development Block Grant Program. Mayor Benafield opened the 'public hearing and invited anyone wishing to address the matter to come forward and be heard. When no one responded, the public hearing was declared closed and Resolutio No. 6,980 was presented, containing the following caption: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE NINTH YEAR (1983 -84); APPROVING THE CDBG APPLICATION; AND AUTHORIZING THE FILING OF THE APPLICATION FOR SUCH FUNDS; and there was a complete reading of the Resolution. A motion then followed by Director Jones and seconded by Director Shackelford, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: , Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; J Noes - None; Absent - Directors Bussey and Hubbell - total 2. The following applications for rezoning were presented at this time, as approved I35 i APRIL 19, 1983, Cont'd. Z- 2701 -A - From Bob Lowe for Pleasant Valley Place Partnership to rezone 14 acres on Hinson Road, described as the West 1/2, SW 1/4, SE 1/4, Section 29, T -2 -N, R -13 -W, less and except the'North 400 feet thereof (Pleasant Valley Estates), from "ITF -6" Multi- family to "R -2" Single- family'District. Z- 3931 -B - From Jack Castin for E. A. McCracken, to rezone Tracts K, J and H of 76.2 acres (long legal description) located on Chicot Road at the Rock Island I Railroad Crossing, from "R -2" Single - family District to "OS" Open Space, "MF -6" and "MF -12" Plulti- family Districts. Z -3986 - From Bill McClard for Little Rock Signal Media, to rezone 1.42 Acres + located at 10700 Barksdale Road (long legal description), from "R -2" Single- family District to "C -3" General Commercial District. Z -3989 - From Karen Tyler for Geyer Springs United Methodist Church to rezone 5507 Mabelvale Pike (long legal description), from "R -2" Single - family District to "C -3," General Commercial District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance'to reclassify same was placed on first reading. ' (See Ordinance No. 14,433 as follows) There was presented Ordinance No. 14,433, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS APENDING 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 to allow for the second reading by motion of Director Jones, seconded by Director Hess, and by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Jones, seconded by Director Weeks, 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 five in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the ' third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Mayor Benafield, Directors Weeks, Shackel- ford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. Director Hubbell was then enrolled. Zoning Application Z -3968 from Fred Hunt for the Fred Hunt Company, was the next presentation. The application requested the establishment of Point Pleasant Planned Residential District ( "PRD ") on Hinson Road, lying south of Windsor Court Townhomes and north of Hillsborough Subdivision (long legal description), in "R -2" Single - family District. Mr. Joe White with Edward G. Smith & Associates, speaking for Mr. Fred Hunt, presented a sketch of the development and explained the plan is for twenty -four single - family garden condominiums on 5.1 acres which is 4.7 dwelling units per acre. The units will be in the $118,000 to $150,000 price range and similar in style and material to Windsor Courts, and equal in quality to the homes in Hillsborough. He further stated, "the issues before the Planning Commission were: proper buffers, which have been addressed; one issue that we have heard much discussion on is drainage. The typo- graphy of Point Pleasant will allow us to maintain the existing course of waterways 3581 APRIL 19, 1983, Cont'd. which will be basically to the east. None of the storm water falling on Point Pleasant will enter this ditch which is along the south side of Point Pleasant and the north side of Hillsborough. During the development of Point Pleasant, we do plan to improve the storm drainage system under Hinson Road." In conclusion, he requested the approval of this high quality development, and filed a petition signed by property owners in the area supporting the development plan. Mr. Jack Majewski, a home owner at 13410 Beckenham Road, representing thirty -two families in Hillsborough objecting to the development, presented a protest petition and stated objections to the project. He said the "benefits" to property owners would be increased noise, lighting, traffic and more parking lots, not to mention decrease in property values: He said the zoning of "R -2" Single - family should never be changed and asked that "you live up to the original zoning." Upon question by Director Hess, Mr. Bill Davies, Director of Public Works advised that, after discussing the drainage with Mr. White, "we are satisfied we can solve the drainage problem." Director Hess asked Mr. Davies, "you can assure the people that the City will make sure that we are going, to take care of it ?" Mr. Davies responded, "yes." Director Hess also questioned Mr. Nathaniel Griffin, Director of Comprehensive Planning regarding the proposed change in the use of the property. Mr. , Griffin explained that at one time, there were plans for a Church at this location, but the Church was built at Hinson Road and Napa Valley Drive instead. Mr. Griffin said an attached residential development would be the most realistic use of the propert adding, "the applicant has conformed to requirements of the Planning Commission, and is to provide a forty foot buffer and opaque fence. Mr. White advised Director Hess that the forty foot buffer is to remain natural and that they will be able to save trees. Director Jones questioned how much of the forty foot buffer is in the drainage - way, and Mr. Griffin replied that the drainage is on the Hillsborough side. Mr. Griffin stated he sees no economic impact on this development which in his opinion, represents the most reasonable approach as "you can go with." Upon question by Direct Hess, Mr. Griffin advised there were objections to the Church, which was originally planned for this site. There was no further discussion and Ordinance No. 14,434 was presented, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPPENT AND ESTABLISHING A "PRD" , DISTRICT TITLED POINT PLEASANT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6.101 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 Hubbell, 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 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 Hubbell and seconded by Director Shackelford, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimou ly adopted by 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 - Mayor Benafield, Directors Weeks, Shackelford, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,435, entitled: J �59 APRIL 19, 1983, Cont'd. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY AT 9415 STAGECOACH ROAD (Z -3987) SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To permit expansion of sanctuary and construction of a parking lot for Otter Creek Assembly of God Church) I with the Ordinance being read the first time; after which there was a motion by Director Shackelford for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Weeks, 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 and seconded by Director Hess, to further 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 result- ing Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Hubbell, Jones and Hess - ' total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was there- fore, declared PASSED. Ordinance No. 14,436 was the next presentation, with the title being: A14 ORDINANCE APPROPRIATING $25,230.00 FROM THE GENERAL FUND TO PAY INCREASES IN SALARIES OF LITTLE ROCK MUNICIPAL COURT PERSONNEL; and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Shackelford, seconded by Director 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 Board of Directors - elect. The Ordinance was then read the second time. There was an ensuing motion by Director Hubbell, seconded by Director Shackel- ford, that the rules be further suspended to provide for the third and final reading of the Ordinance.. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members ' of the Board of Directors - elect; whereupon, there was a third and last reading of the Ordinance. The passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes,- Mayor Benafield, Directors Weeks, Shackelford, Hubbell,; Jones and Hess - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had PASSED. Consideration was then given to Resolution No. 6,981, containing the following heading: A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,600,000 BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS TO FINANCE THE ACQUISITION OF PERSONAL PROPERTY IN, AND THE RENOVATION, EQUIPMENT AND IMPROVEMENT OF THE HOLIDAY INN LOCATED AT 617 SOUTH BROADWAY, LITTLE ROCK, ARKANSAS; and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Weeks, and by the following roll call vote: Ayes - Mayor Benafield, Director Weeks, Shackelford, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Director Bussey - total 1. A public hearing had been scheduled for this time and place pertaining to a cable television rate increase requested by Riverside Cable Television Inc. Mayor Benafield 360 I - APRIL 19, 1983, Cont'd. declared the public hearing open and Director Hubbell explained that under the franchis with Riverside,.a "written finding of fact" from the Board is required before a rate increase can be put into effect. He said the City has no express authority to regulate cable television, but has done so under its general statutory authority to regulate utilities. He noted that the Board of Directors would act as an elected public service commission in determining whether the increase is justified. Mr. Ron Paulson, Manager of Riverside Cable Television, Inc. made a videotaped presentation to show the necessit for a rate increase. Mr. Paulson proposed to increase the basic charge from $4.95 to $6.95 per month, effective June 1, 1983, with a further increase to $8.50, effective July, 1984. He explained the current rate structure was�the, same as outlined in the company's original bid for the franchise in1978. He said the company had stood by the bid despite increased costs for hardware, labor and programming; and, "this increase is not designed to recapture our losses or to turn a substantial profit - - it is designed to produce a moderate profit by 1985 to stabilize rates in the future." Included in the videotaped presentation was a report by Ms. Maureen Houston, the company's comptrol showing that Riverside incurred a net loss of $3,791,984 in 1982 - revenues of $6,339,11 against expenses totaling $10,131,176. Her report indicated losses in 1981, the first ' full year of operation, totaling $943,223. Ms. Houston stated without the increase, the company would lose $2,044,310 in 1983 and $1,949,000 in 1984. She further pointed out that if the increase is implemented as requested, the company would lose only $498,322 this year and would turn its first profit in 1985 at an estimated $1,841,850. Following the presentation, Director Weeks told Mr. Paulson that he felt the black access channel should be addressed and there should be more programming for black citizens, noting that the black access channel was the only offering to that segment of the community. Mr. Paulson advised the company was negotiating with Black Entertain- ment Television, which repeats two hours of original programming three time a day from 7:00 p.m. to 1:00 a.m. But that service will not allow its programming to be pre -empte locally, which is a barrier to its sharing the black access channel. Directors Hubbell and Shackelford cited new programming being developed nationally and said the time might come soon when two or more of the local access channels could be combined to make ' room for more meaningful and entertaining programming.' Responding to a question by Director Jones regarding cable disruptions during and after local storms, Mr. Paulson said lightning has a heavy force, and when the equipment on order is obtained, this problem will be cut in half. Mr. Richard N. Drake, vice president of Interfaith Cable i Committee and Mr. John Johns, vice president and production manager at the University of Arkansas at Little Rock, stated that Riverside has cooperated and been very benefici to their operations. Ms. Rhonda C. Stewart, a volunteer for the black access channel, spoke in support of the rate increase. Dr. Mary Jean Thomas, dean of the College of Communications at the University of Arkansas at Little Rock, said Riverside had been "exemplary" in helping the college set up and operate its access channel. Ms. Julia McGehee of the Little Rock School District said the educational access channel, which has hook -ups at each school, has allowed teachers to supplement their traditional curricula with cable programming. She said, "we advocate a fair subscription rate." There were no persons present to speak in opposition to this issue and with no further ' discussion, Mayor Benafield declared the public hearing closed. No action was taken on the proposed rate increase at this time. The last matter to be considered was Ordinance No. 14,437, containing the follow- ing caption: P61 APRIL 19, 1983, Cont'd. AN ORDINANCE RENEWING THE TAXICAB OPERATOR PERMITS OF THE TAXICAB OPERATORS IN THE CITY OF LITTLE ROCK AND EXTENDING UNTIL JULY 15, 1983, THE REQUIREMENTS OF ORDINANCE 14,431 RELATING TO COMMUNICATION SYSTEMS; and there was a first reading of the Ordinance. Mayor Benafield declared the public hearing open and invited those wishing to speak to do so at this time. Mr. Larry Carpenter representing Capitol Cab Company was the only one desiring to be heard, who asked if the permits were extended through 1985. He was advised that the operator permits of taxicab operators named in this Ordinance, who are in compliance with the provisions of Ordinance No. 14,431, are renewed for the period May 61 1983 to and including December 31, 1985. There was no other discussion and the public hearing was declared closed. A motion was then made by Director Hess 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 I 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 Weeks and seconded by Director Hess, 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 I 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 Ordi- nance Pass, resulting in the following vote: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Hubbell, Jones and Hess - 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 - Mayor Benafield, Directors Weeks, Shackelford, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Directo Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section, was then declared PASSED. To conclude the meeting, Ms. Lue Birta Hardy representing Arkansas Community Organizations for Reform Now, read a prepared statement in which she asked that the Community Development Block Grant money be spent to improve neighborhoods and to provide jobs for people who need them. There being no further business to be presented, it was moved by Director Shackelford, seconded by Director Hubbell, and unanimously carried that this meeting be adjourned at 8:45 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday, May 3, 1983. ATTEST: (`D APPROVED:i.���y7 City Clerk Mayor 36 �I Board of Directors Chamber Little Rock, Arkansas May 3, 1983 - 7:00 P. 11. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Benafield presiding'and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Weeks. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held April 19, 1983. (b) Resolution No. 6,982, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR C014MERCIAL TRASH HAULING, FOR THE CDBG EIGHTH YEAR ' PANKEY ADDITION STORM DAINAGE AND STREET IMPROVEMENTS, AND FOR THE PURCHASE OF A 2 -YD. CONCRETE MIXER, TRAFFIC SIGNAL EQUIPMENT, AND A FIRE TRUCK. (c) Resolution No. 6,983, with the title being: A RESOLUTION ACCEPTING THE BID OF SOUTHWESTERN ELECTRIC COMPANY AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR INSTALLATION OF A COORDINATED TRAFFIC CONTROL SYSTEM ON GEYER SPRINGS ROAD; AUTHORIZINP THE I TRANSFER OF FUNDS FROM ACCOUNT #599 -8160 TO ACCOUNT #599 -8525 IN CONNECTION THEREWITH. (d) Resolution No. 6,984, described as: l A RESOLUTION AUTHORIZING THE SALE OF THE SURPLUS PROPERTY (THE OLD FIRE STATION) AT 14TH AND PULASKI STREETS. (e) Resolution No. 6,985, containing the following caption: A RESOLUTION AUTHORIZING THE ADMINISTRATIVE STAFF OF THE CETA PROGRAM ' TEMPORARILY TO ADMINISTER THE 1983 ACT OF CONGRESS KNOWN AS THE JOB TRAIN- . ING PARTNERSHIP ACT. (f) Resolution No. 6,986, entitled: I A RESOLUTION DESIGNATING CHARLES BUSSEY AS THE OFFICIAL REPRESENTATIVE OF THE BOARD OF DIRECTORS FOR ALL MATTERS PERTAINING TO THE ADMINISTRATION OF THE JOB TRAINING PARTNERSHIP ACT. (g) Resolution No. 6,987, with the title being: A RESOLUTION ENDORSING THE USE OF "TRADITIONAL" OR "HISTORIC" STYLE I STREET LIGHTS AS PART OF THE CROSS- STREET LIGHTING PROJECT ALONG I -630 AS I IT PASSES THROUGH THE MacARTHUR PARK HISTORIC DISTRICT; AND FOR OTHER i PURPOSES. (h) Resolution No. 6,988, described as: A RESOLUTION MAKING APPOINT14ENTS AND REAPPOINTMENTS TO VARIOUS BOARDS , AND COMMISSIONS. (Civil Service Commission, Planning Commission, Zoning Board of Adjustment, Oakland- Fraternal Cemtery Board, and Safety Commission) By motion of Director Hubbell, seconded by Director Weeks, which was adopted by 111 63 MAY 3, 1983, Cont'd. unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows; (a) The Minutes-of the previous meeting were approved as written and summarized to the Board of Directors; (b, c, d and e) Resolutions No. 6,982, 6,983, 6,984 and 6,985 were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield total 7; Noes - None; Absent - None.. (Items f, g & h) were added to the Consent Agenda by unanimous voice vote of the Board Members present, being Resolutions No, 6,986, 6,987 and 6,988, which were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. At the time allotted for Citizen Communications, Mr. Ricky Cole representing the CPA Firm of Charles Cole and Company, One Riverfront Place, North Little Rock, Arkansa spoke to the Board of Directors requesting that consideration be given to the.ad- vantages of requiring minority participation in the performance of the City Audit. He stated the request was in response to the advertisement for a proposal to perform the annual audit of the City of Little Rock Accounts. ' Mr. Jim Guy Tucker and Mr. Ralph Megna were present to endorse the traditional or historic style street lights as part of the lighting project along I -630, as it passes through the MacArthur Park Historic District. (See Resolution No. 6,987) Also, speaking at Citizen Communication time was Mr. Ken Demarko, #5 Desoto Forest Cove, in Pleasant Forest.Subdivision. He represented -six families in Pleasant Forest regarding the location of the proposed Pleasant Ridge Road. The property owners were asking for a forty -foot buffer between their property and the proposed street. Originally the plan was for a twelve -foot buffer; however, the developer agreed to a twenty -nine foot buffer zone between the pavement and property lines; and, Mr. Demarko is requesting an additional eleven feet. Mr. Demarko asked, "who has final authority as to where that road behind our house is supposed to be located ?" He was advised by Assistant City Attorney Carolyn Witherspoon, that the location of the . street was approved by the Board of Directors in the Master Street Plan, but the final ' determination is made by the Engineering Staff. At the request of Director Hubbell, Mrs. Witherspoon stated that she would meet with the Engineering Staff and Mr. Demarko, in an effort to work out the problem.involved in the location of the street. Mayor Benafield also, felt the issue should be dealt with administratively. At this time, Mayor Benafield announced the opening of the public hearing set for this time and place to hear Zoning-Appeal (Z- 3969), from Stan McDaniel, to establish a Planned Commercial District entitled: "Healthy Lawns and Shrubs PCD ", at 7919 West 5th Street. The Planning Commission denied the request on March 15, 1983. Mr. McDaniel presented a sketch of the area and explained the zoning of the surrounding area. He proposes to use the property as a horticulture warehouse storage facility, with a privacy fence to shield the residential area immediately north of West 5th Street, and landscaping. Some of the 1.4 acre tract lies within the floodplain. Mr. Jerry Speece of the Department of Community Development, explained the action taken by ' the Planning Commission. Mrs. E. L. Long, 406 Sunnymeade Drive, was the only person to speak in opposition. She commented that if the PCD is established, it could set a future precedent; would increase truck traffic; and, the applicant has not shown good faith regarding the entry and exit on 5th Street. Director Hubbell stated that before he votes, he would like to inspect the property. There was no further discussion, the 36 MAY 3, 1983, Cont'd. public hearing was closed, and the proposed Ordinance was presented.entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" PLANNE COMMERCIAL DISTRICT TITLED HEALTHY LAWNS AND SHRUBS PCD IN THE CITY OF LITTLE ROCK, ARKANSAS, A11ENDING CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF ' THE CITY OF LITTLE ROCK; AND'FOR OTHER PURPOSES; and there was a first reading of the Ordinance.. There was no motion for the suspensio of the rules to allow for the second reading of the Ordinance; therefore, the proposed Ordinance remained on the calendar for .second reading on May 17, 1983, Zoning Petition No. Z -3970 from Mr. Joe White for Richard 11. Logue, et a1, was the next presentation. The application requested that property located in Section 21, T -2 -N, R -13 -W, Little Rock, Pulaski County, Arkansas (39.53 acres 1600' south of High- way #10 in Pleasant Ridge and designated Pleasant Valley Condominiums), be rezoned from "R -2" Single - family District to a Planned Residential District. The application received the approval of the Planning Commission on March 29, 1983, with the follow - ing modifications: (1) To limit the first phas to 120 units and additional phases be disallowed until the sewer density restriction is lifted; (2) The 50 -foot buffer on th west be undisturbed by any construction or site preparation activity except for-the ' location and erection of any required screening fences; (3) Accepting the reduction of the total unit count from 340 to 335 total units for the development. Mr. Herbert Scheuer, Jr., 3131 Jamestown Drive, Montgomery, Alabama, an architect, who displayed a model of the entire site plan explained the concept. He requested that the Board of Directors approve all phases of the development, in order to complete the development between 1983 and 1986. A discussion ensued regarding the Board of Directors' policy limiting -the density on undeveloped land in the Little Maumelle River Valley to three units per acre. (This policy was established by Resolution No. 6,571, adopted May 5, 1981.) It was the opinion of Vice Mayor /Director Jones that the other two phases of the development could be completed when the sewer construction project is completed. Mr. Jerry Gardner, Manager of the Wastewater Utility advised, "there is no way to say we will be able to fund this project within a specific period of time." Mr. Scheuer's opinion was that no sewer problem exists as of today. Director Weeks questioned if the Board has a policy limiting sewer density, he would like a copy. Iie was advised it would be included in the May 6th Pony Express. Mr. Matt Bradley, a property owner in Peidmont Subdivision, said his concerns about the development are: (1) the extent and type of buffer to the west granted by the Planning Commission; and (2) the tennis court planned extremely close to the property zone. He felt a 50 -foot buffer does not "say much" and wanted assurance it would be undisturbed; also, he suggested that the tennis court not be used after dark. Mr. Bradley advised a request for a 100 -foot buffer was made instead of only 50 -feet. There was no further discussion, and Ordinance No. 14,438 was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED PLEASANT VALLEY CONDOMINIUPIS ,(Z -3970) IN THE CITY OF LITTLE ROCK, ARKANSAS, ATIE14DI14G CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF TIME CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director ' Bussey, 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 of Directors present, being seven in number and two- thirds or more of the members of 6 MAY 3, 1983, Cont'd. 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 and seconded by Directors Jones and Weeks, respectively, 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 follows: Ayes - Directors Weeks, Bussey, Shackelford, Jones, Hess and Mayor Benafield - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 14,439, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GREEN MOUNTAIN AND RAINWOOD DRIVES, 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; (Z- 3315 -A) ' 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 Weeks 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 Bussey and Hess, 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 question, Shall the Ordinance Pass, which resulted as herein recorded: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Hess and Mayor Benafield - total 6; Noes - Vice Mayor /Director Jones - total 1; Absent - None. Therefore, it was announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,440, described as: ' AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTIONS.4 -42 AND 4 -43 PERTAINING TO SUPPLEMENTAL TAX UPON GROSS PROCEEDS OR GROSS RECEIPTS FROM THE SALE OF ALCOHOLIC BEVERAGES; AND DECLARING AN EMERGENCY; 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 again 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 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 Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. rf I 36 MAY 3, 1983, Cont'd. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; ' Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. Introduced at this time was Ordinance No. 14,441, entitled: AN ORDINANCE MAKING FINDINGS AND RENDERING A DECISION PURSUANT TO ORDINANCE NO. 13,790, APPROVING REVISED CABLE TELEVISION RATE SCHEDULES, AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 again made by Director Hubbell, seconded by Director Hess, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. 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 Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. At this point in the meeting (8:40 P. M.), Mayor Benafield announced that an executive session was needed for the purpose of considering appointments to Boards and Commissions. There was no opposition to the executive session and the Board of Directors recessed to the Conference Room. The Board of Directors reconvened in the Board of Directors' Chamber at 9:10 o'clock P. M., with the following Directors answering roll call: Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Absent - Directors Hess and Hubbell'- total 2. The last matter to be presented was Resolution No. 6,989, with the title being: , A RESOLUTION MAKING APPOINTMENTS TO THE PRIVATE INDUSTRY COUNCIL OF THE 1983 JOB TRAINING PARTNERSHIP ACT FOR THE CITY OF LITTLE ROCK, ARKANSAS; and there was a complete reading of the Resolution after which a motion by Director Weeks, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Weeks, Bussey, Shackelford, Jones and Mayor Benafield - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. There being no further business to be p °resented, it was moved by Director Weeks, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at,9:12 o'clock P. If., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday, May 17, 1983. ATTEST: O&C 44L— APPROVED:�� City Clerk Mayor./ �•C 4Y .. iC �C �C �C BC .. .. J. .. .. 6 Board of Directors Chamber Little Rock, Arkansas May 17, 1983 - 7:00 P.M. The Board Directors of the City of Little Rock, Arkansas met in regular of session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks- 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: The Invocation was given by Director Bussey. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held May 3, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1983. (c) A Motion to set a public hearing on June 7, 1983, on Zoning Appeal Z -3985, ' to rezone 2012 Wright Avenue, from "R -4" Two - family District to 110-1" Quiet Office District. (d) Resolution No. 6,990, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE TIMBER BEND DRIVE BETWEEN TIMBER HILL AND TIMBER RIDGE DRIVES IN TIMBER RIDGE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (e) Resolution No. 6,991, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF AN AIR CONDITIONER FOR THE COMPUTER ROOM IN. THE OFFICE OF MANAGEMENT SUPPORT; ASPHALTIC MATERIALS; AND TIRE CAPPING. (f) Resolution NO. 6,992, described as: A RESOLUTION SETTING THE DATE OF JUNE 7, 1983, FOR A PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT BLOCK GRANT JOBS PROGRAM FOR 1983. (g) Resolution No. 6,993, containing the following caption: ' A RESOLUTION APPOINTING LAWRENCE FISHER TO THE PRIVATE INDUSTRY COUNCIL OF THE 1983 JOB TRAINING PARTNERSHIP ACT - VETERANS AFFAIRS - FOR THE CITY OF LITTLE ROCK, ARKANSAS. (h) Resolution No. 6,994, entitled: A RESOLUTION APPOINTING ROBERT CALLANS TO THE CITY BEAUTIFUL COMMISSION, CITY OF LITTLE ROCK. (i) Resolution No. 6,995, with the title being: A RESOLUTION EXPRESSING THE SUPPORT OF THE BOARD OF DIRECTORS FOR THE APPLICATION OF THE BIBLE CHURCH OF LITTLE ROCK FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF CLASSROOM SPACE AT WALNUT VALLEY CHRISTIAN ACADEMY; AND AUTHORIZING THE CITY MANAGER TO APPROVE A FOUNDATION PERMIT FOR THE PROJECT. By motion from Director Weeks, 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 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; lit III 36 May 17, 1983 (c) Motion was made to set the public hearing on Zoning Appeal Z -3985, on June 7, 1983; and (d, e „ f, g, h & i) Resolutions No. 6,990, 6,991, 6,992, 6993, 6,994 and 6,995 were read in full and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks total 7; Noes - None; Absent - None. At this point in the meeting, Director Bussey questioned when the Board of Directors' Meetings are going to be televised on the Government Access Cable TV Channel. All the equipment for making this possible has been installed and he has been receiving calls regarding the matter. Acting City Manager Susan Fleming advised that funding for a television technician is not included in the Budget, and any announcements, etc., appearing on the channel have been produced by employees in other departments by working overtime, and who are not eligible for overtime pay. Mr. Bussey responded by saying Riverside would furnish volunteer help. Mrs. Fleming was requested to check into the matter and advise the Board Members. The following applications for rezoning were presented at this time, as approved by the Planning Commission on April 26, 1983. Z -3993 - From Maury Mitchell for the estate of Truman Carradine to rezone 7115 Geyer Springs Road (long legal description), from "R -2" Single - family District to ' "C -3" General Commercial District. Z -3994 - From Earth Resources Company d /b /a Delta Marketing Company to rezone 8818 New Benton Highway (long legal description), from "R -2" Single - family District to "C -4" Open Display District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,442 as follows) There was presented Ordinance No. 14,442, with the title being: 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 to allow for the second reading by motion of Director Jones, 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 again made 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; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was a proposed Ordinance, entitled: AN ORDINANCE.AMENDING SECTION 2 -102A, CHAPTER 43 OF THE CODE OF ORDINANCES OF ' THE CITY OF LITTLE ROCK, ARKANSAS, DEFINING GROUND - MOUNTED SATELLITE TELEVISION SIGNAL RECEIVING DISHES; DECLARING SAID DISHES TO BE ACCESSORY STRUCTURES; AND FOR OTHER PURPOSES; � 69 May 17, 1983 i and there was a first reading of the Ordinance. Mr. Larry Duke of 11907 Pleasant Forest Drive who is involved in the satellite industry, spoke to the Board regarding this amendment to the Zoning Ordinance, which would prohibit the installa- tion of dishes in front yards of residential areas. Mr. Duke contended that the proposed restrictions would keep some homeowners from using the dishes because of the way the dishes must be positioned to catch the signals. He also said, "the proposed Ordinance interferes with a homeowner's right to quietly enjoy his property." He explained the technology of satellite signals and urged the Board of Directors to proceed with caution in this matter. Director Hess asked Mr. Duke if he could enlighten the Board on FCC copyright restrictions on allowing people to pick up � copyrighted television signals from earth satellites. He responded by saying as I the law reads right now, "FCC Act 601 ", is more or less a gray area. The argument is that "it costs programmers money to actually put the programming up there and to distribute it to a city or whatever; but, as the law reads right now, if a microwave system is actually coming through the air and is on your property, you have the right to pick it up whether it be a radio antenna, a television antenna with ' rabbit ears, etc." Upon question by Director Hess, Mr. Duke said the FCC is going to come u with some kind of fee for the copyrighted programming. Mayor Benafield P Y advised Mr. Duke this proposal had come before the Board because the dishes are offensive to some people. Director Weeks said, "after hearing the presentation, there is a question in my mind whether we should proceed with this." There was no motion for suspension of the rules to provide for second reading of the Ordinance, therefore, it remained on the calendar for second reading. Introduced at this time was a proposed Ordinance described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" PLANNED COMMERCIAL DISTRICT TITLED HEALTHY LAWNS AND SHRUBS PCD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE 6, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z -3969 - 7919 West 5th Street) and the Ordinance was read the second time, having been read the first time on May 3, 1983, and left on the calendar after neighborhood opposition was presented. Mr. Stan McDaniel, the applicant, again explained the proposed use of the property would be for a,horticulture warehouse with landscaping and fencing. Mrs. Lucile Long of 406 Sunnymeade Drive presented opposition to the proposal stating: "we do not want a warehouse built in our neighborhood, we want to keep a quiet neighborhood; this will increase vehicular traffic and tear our streets up; and the applicant carries trash and brush and turns our neighborhood into a dump." Upon question by Director Bussey, Mr. McDaniel advised that he proposes to build a 40' X 60' attractive i building. Director Hess stated that it was difficult for him to foresee use of the property, so far as residential is concerned. There was no further discussion and a motion followed from Director Hubbell, seconded by Director Jones, that the rules 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 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 Bussey, Hess and Weeks - total 3; Noes - Directors Shackelford, Hubbell J 3701 May 17, 1983 Jones and Mayor Benafield - total 4; Absent - None. It was declared that the Ordinance had FAILED. Acting City Manager Susan Fleming brought to the attention of the Board a zoning request for a planned residential district, that was sent in pony express ' Friday and did not appear on the Agenda. It was generally agreed among Board Members ` to consider the request at this time and Zoning Petition No. Z -4006 was presented from Mr. A. B. Speights. The request was for the rezoning of the West 90' of Lots 1, 2 and 3; the South 5' of the East 50' of Lot 3; all of Lot 4; the West 100' of the North 1/2 of Lot 5; and the North 15' of the East 40' of Lot 6, all in Block 67, Original City of Little Rock, Pulaski County, Arkansas, from "HR" High Density Residential to "PRD" Planned Residential Development. The Planning Commission approved the application on May 10, 1983. No one was present to oppose the rezoning and Ordinance No. 14,443 was introducted, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" (12th & Louisiana) DISTRICT TITLED THE QUARTERS (Z- 4006), IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6 -101 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 Shackelford ' seconded by Director Hess, 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 I of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Shackelford and Jones, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. ' A Public Hearing had been scheduled for this time and place upon the question of issuance of Metrocentre Improvement District No. 1 Revenue Bonds for the Raney Building Project, located at 200 -208 South Louisiana Street. The public hearing was declared open by Mayor Benafield and when no one appeared to speak, the hearing was declared closed and a Resolution authorizing the issuance of the bonds was presented as - follows: Resolution No. 6,996 was considered, described as: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $700,000 REVENUE BONDS (RANEY -MEYER PROJECT) - SERIES 1983; and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor ' Benafield and Director Weeks - total 7; Noes - None; Absent - None. A public hearing had been advertised for this time and place upon the question of issuance of Health Care Revenue Bonds for J & M Properties.Project, Series 1983. V May 17, 1983 The public hearing was declared open by Mayor Benafield, who invited speakers to come forward. Since no one was present to address the issue, the public hearing was declared closed and.an Ordinance authorizing the issuance of the bonds was placed on i first reading. (See Ordinance No. 14,444 as follows) Ordinance No. 14,444 was presented, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF HEALTH CARE REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR MEDICAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, i ARKANSAS, AS LESSOR, AND J & M PROPERTIES, AS LESSEE; AUTHORIZING THE SALE OF THE BOND AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN i EMERGENCY; ($240,000) 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 Hess and unanimously adopted by the Board Members present, being i 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 ' Shackelford, seconded by Director Hubbell, for a further suspension of the rules to of the Ordinance at this time, which motion was unanimously adopted by members permit the third and last reading/of the Board o Directors present, eing seven in number and two - thirds or more of the members of the Board of Directors - elect. The i 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 Bussey, Shackel- ford, Hubbell, Hess, Mayor Benafield and Director Weeks - total 6; Noes - Director Jones - total 1; Absent - None. The Emergency Section contained in Section 11 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford Hubbell, Hess, Mayor Benafield and Directors Weeks - total 6; Noes - Director Jones - total 1; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. A public hearing had been scheduled for this time and place on the issuance of ' $1,125,000 Revenue Bonds by Metrocentre Improvement District No. 1 of the City of Little Rock, Arkansas, for the Heritage Center Project, located at 201 -203 East Markham Street. Mayor Benafield declared the public hearing open and when no one was present to address the issue, the public hearing was declared closed and Resolution No. 6,997 was presented, containing the following caption: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT N0: 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $1,125,000 REVENUE BONDS (HERITAGE CENTRE PROJECT), SERIES 1983; and after a full reading of the Resolution, there was a motion by Director Weeks, i seconded by Director Shackelford, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Bussey, I Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. ' The next presentation was Ordinance No. 14,445, 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; 37'11 May 17, 1983 and after a first reading of the Ordinance, there was a motion by Director Weeks, seconded by Director Hess, 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 Hubbell and 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 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. The resulting Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Therefore, the Ordinance together with the Emergency ' Section was declared PASSED. Under Citizen Communications, a group of residents in the Kingwood Addition attended the Board Meeting to complain about havoc in that neighborhood caused by motorists speeding to and from Murray Park on the Arkansas River. Mrs Diann Sutherlin Smith, 7115 Hillwood Road, speaking for Kingwood residents told the Board that in June, 1982, a letter was written to the Chief of Police, and again in April, 1983, with copies sent to various City Staff Members, explaining the dangerous traffic situation existing there. She stated that she did not receive a response to her letters. Mrs. Smith said most of the drivers are drunk as evidenced by the beer bottles they throw along the way. Other residents addressing the problem were: Arnold Goodman, 7909 Rockwood Road; George Fleming, #7 Indian Trail; Gene Weinstein, 7500 Rockwood Road; Porter Puckett, 7416 Rockwood Road; Marion Menees, #1 Indian Trail, Kay Fowler, 7017 Rockwood Road; Larry Tidball, #14 Indian Trail; Mary Richardson, 7104 Hillwood Road; and Ann McQueen, 7104 Richwood Road. They told about drivers running ' into walls, smashing cars parked in driveways, narrowly missing pedestrians and swervin into yards to chase ducks. They felt there shouldn't be access to the park, which is just north of the Kingwood area, through a residential area. Mr. Weinstein suggested making a one -way street to the river, while Mr. Fleming commented the Corps of Engineers could make a different access to the park. There was no further discussion and Acting City Manager Susan Fleming was instructed to prepare a report for the next Board Meeting, and show why the Staff people did not respond to the letter There being no further business to be presented, it was moved by Director Bussey, seconded by Director Hess and unanimously carried, that this meeting be recessed at I 8:20 o'clock P.M., and that the Board go into executive session at this time to study resumes for the position of City Manager, and to review the 1983 attendance records of members of City Boards and Commissions. ATTEST: �yJ(� I�C:�1� APPROVED: !/ city Clerk Mayor 3'7': Board of Directors Chamber Little Rock, Arkansas May 27, 1983 - 10:00 A. M. I i The Board of Directors of the City of Little Rock, Arkansas, met in reconvened I session from the May 17, 1983 Meeting, with Mayor Benafield presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared present by Mayor Benafield and following is an account i i of the proceedings: Mayor.Benafield announced that the purpose of the meeting was to discuss applicants for the position of City Manager, and a motion followed from Director Weeks, seconded by Director Bussey, which was unanimously adopted, to go into Executive Session. At 10:45 o'clock A. M. the Executive Session was concluded and the meeting was opened to the news media and public. At this point, Director Hubbell made a motion ' "that we elect Susan Fleming as City Manager of Little Rock." The motion received a second from Director Hess and the roll call vote is recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the motion was unanimously ADOPTED. I There being no further business to be presented, it was moved by Director Bussey, seconded by Director Hubbell, and unanimously carried, that this meeting be I recessed at 10:50 A. M. and that the Board reconvene again on Wednesday, June 1, 1983 at 1:30 o'clock P. M. ATTEST: APPROVED: , City Clerk Jane Czech Mayor J. W. Benafield I I I it I 37 Board of Directors Chamber Little Rock, Arkansas June 1, 1983 - 1:30 P. 14. i ; The Board of Directors of the City of Little Rock, Arkansas, met in reconvened session from the May 27, 1983 Meeting, with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors.Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The first matter to be considered was Ordinance No. 14,446, entitled: AN ORDINANCE APPOINTING AND EMPLOYING SUSAN B. FLEMING CITY MANAGER FOR THE CITY OF LITTLE ROCK; PROVIDING FOR HER SALARY, AUTHORITY, DUTIES AND RESPONSIBILITIES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director 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. Upo second reading of the Ordinance, there was a subsequent motion again made 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 unanimously adopted b members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was the read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director-Hess, Mayor Benafield, Directors Weeks, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Director Bussey was enrolled'. The next presentation was Resolution No. 6,998, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO LITTLE ROCK ROAD MACHINERY COMPANY TO MAKE EMERGENCY REPAIRS ON THE CITY'S INTERNATIONAL TD 25C ' BULLDOZER; and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Weeks, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 14,447 was considered at this time described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT. FOR QUALITY CONTROL TESTING OF ASPHALTIC CONCRETE MIX FOR THE ANNUAL STREET RESURFACING PROJECT, AND DISPENSING WITH NORMAL BIDDING PROCEDURES TO ALLOW COMMENCEMENT OF RESURFACING i TO AVOID UNDUE DELAY IN THE INTEREST OF THE PUBLIC PEACE, HEALTH AND SAFETY; 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. There was a second reading of the Ordinance, followed by a sub - sequent motion made and seconded by Directors Hubbell and Weeks, respectively, to J llk5- June 1, 1983, Cont'd. _ I suspend the rules and place the Ordinance on its third and final reading. The motion ' received unanimous adoption by the Board Members present, being seven in number and i 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 Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance together with the Emergency Clause, was declared PASSED. The last item to be presented was Ordinance No. 14,448, containing the following caption: A14 ORDINANCE ESTABLISHING OFF- STREET PARKING FEES FOR VEHICLES AT WAR MEMORIAL STADIUM DURING RAZORBACK FOOTBALL GAPES; 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 and seconded by Directors Hubbell I and Weeks, respectively, 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, follow- ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as follows: Ayes- Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. There being no further business to be presented, it was moved by Director Hubbell, seconded by Director Shackelford, and unanimously carried that this meeting be adjourn- ed at 1:40 o'clock P. M., and that the Board of Directors convene again in regular I session at 7:00 o'clock P. M. on Tuesday, June 7, 1983. I ATTEST: �R//Z� �— APPROVED: %�/�•K.� I City Clerk Jane Czech Mayor J. W. Benafield i 376 Board of Directors Chamber Little Rock, Arkansas June 7, 1983 - 7:00 P.-M. The Board of Directors of the City of Little Rock, Arkansas met in regular ' session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Bussey and Hubbell - total 4; Absent - Directors Shackelford and Jones - total 2. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Weeks. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held.May 7, 1983 and the reconvened meetings.held May 27, 1983 and June 1, 1983. (b) The 1982 Audit Report of the Little Rock Municipal Judges Retirement Fund. (c) The 1982 Audit Report of the Little Rock Policemen's Pension and Relief Fund. ' (d) The 1982 Audit Report of the Little Pock Firemen's Relief and Pension Fund. (e) The 1982 Annual Report of the Little Rock Municipal Water Works. (f) The Report of Commissioners of Broadmoor Recreational Area Improvement District No. 2, recommending replacement for a commissioner. (g) Resolution No. 6,999, entitled: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONER FOR BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. (Appointing Neal W. Newell) (h) The Report of Commissioners of Twin Lakes Recreational Area Improvement District No. 1, recommending replacement of a commissioner. (i) Resolution No. 7,000, with the title being: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONER FOR TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS. ' (Appointing David Carr) (j) Resolution No. 7,001, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE YORKSHIRE DRIVE AND A CERTAIN PARCEL OF REAL PROPERTY,.IN YORKSHIRE:PLACE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.. (Hearing date to be June 21, 1983) (k) Resolution No. 7,002, containing the following caption: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS TO PURCHASE A STREET SWEEPER, BACKHOE- LOADER, ANNUAL SUPPLY OF GASOLINE AND #2 DIESEL FUEL, DIGITAL VOICE PROTECTION RADIO SYSTEM, AND ROOFING REPAIRS FOR THE POLICE BUILDING. lution No. 7,003, containing the following heading: A RESOLUTION OF APPRECIATION AND COMMENDATION TO RIVERFEST, INC..BOARD, OF LITTLE ROCK, LITTLE ROCK JAYCEES, AND THE JUNIOR LEAGUE OF LITTLE . L 115177 i JUNE 7, 1983, Cont'd. (m) Resolution No. 7,004, entitled: A RESOLUTION COMMENDING THE CITY OF LITTLE ROCK PARKS AND RECREATION, POLICE, FIRE, GENERAL SERVICES AND PUBLIC WORKS DEPARTMENTS, FOR THEIR EFFORTS IN MAKING THE 1983 RIVERFEST AN OUTSTANDING SUCCESS. By motion by Director Hubbell, seconded by Director Weeks, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b, c, i d & e) The audit and annual reports were received and filed; (f) The Report of Commissioners of Broadmoor Recreational Area Improvement District No.- 2, was received and filed; (g) Resolution No. 6,999 was read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and-Hubbell total 5; Noes - None; Absent - Directors Shackelford and Jones - total 2. (h) The Report of Commissioners of Twin Lakes Recreational Area Improvement District No. 1, was received and filed; (i) Resolution No. 7,000 was read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Directors Shackelford and Jones - total 2. (j, k, 1 & m) Resolutions No. 7,001; 7,002, 7,003 and 7,004 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Directors Shackelford and Jones _ total 2. A proposed Resolution was placed on the Agenda as Item 11, entitled "A Resolution Adopting a 'First Source' Manpower Policy for the City to Afford Employment Opportu- nities for Economically Disadvantaged Residents of the City." A large group of citizens who are members of Arkansas Community Organization for Reform Now, was present regarding the matter and Mayor Benafield announced that this Resolution would be considered next. The City Clerk then read the Resolution followed by a motion from Director Hubbell that the Resolution be deferred for two weeks, so the Board Members could have an opportunity to review the Resolution. The motion was seconded by Director Weeks and was adopted by a voice vote of 5 ayes and 0 noes, with Directors Shackelford and Jones being absent. Director Shackelford was enrolled. Mayor Benafield then stated there would be discussion on the proposed Resolution, giving citizens an opportunity to be heard. Mr. Rick Haverkampf was the first speaker who said, "we are asking that the City commit itself ('not encouraging'), but legally binding, any employers that are receiving any benefits from the City to be encouraged legally by contract, to take people in our City and make applications that are first made available to them through the 'First Source' Agreement, to be considered for such jobs." He concluded by saying, "these people have got to have work." Mr. Ervin Lacy asked, "are we to come back in two weeks and be put off another two weeks ?" Mayor Benafield explained that the Board Members are working every day to get jobs for citizens of Little Rock. Rev. Daniel Bowman of ACORN referred to the wording in Secti ' 1 of the proposed Resolution which "encouraged" stipulations in City - Employer agree- ments that employers the JTPA Manpower Office the first for filling utilize as source any applicable job openings. The draft supported by ACORN "required" stipulations, etc. He charged the Resolution as presented was a "trick." Father Joseph Biltz was the last speaker who said, "for too long we've been allowing economic development in this JIM- 37 ,' III JUNE 7, 1983, Cont'd. community without economic justice." In conclusion, he felt those who have suffered the most should get first preference of jobs. There was no further discussion and the proposed Resolution remained on the calendar and will again be considered on June 21, 1983. At this point in the meeting City Manager Susan Fleming gave a report on the Kingwood Addition traffic problems. She advised that a number of City departments had studied the problem, and based upon her review of the departmental reports, she re- commended that the following actions be taken to address the problems: 1. Redesign of three intersections - Hillwood & Skywood, Pine Valley & Skywood, and Richwood & Hillwood, to improve visibility at a cost of approximately $12,000. 2. Continued concentrated enforcement of the traffic ordinances in the area. 3. Attachment of "radar controlled" supplemental plates to existing speed signs. Referring to the closure of Murray Park after dusk, Mrs. Fleming said this would j entail several problems, and did not recommend this proposal. Director Hubbell suggest ed that signs be erected at the bottom of the hill warning motorists that "you are entering a residential neighborhood." Director Hess commented, "I don't think we can . do enough to improve this situation." Director Shackelford questioned the feasibility ' of speed breakers and was advised by Mr. Bill Davies, Director of Public Works, that as a matter of policy, speed breakers are not allowed. Ms. Diann S. Smith, a resident of.-Kingwood, presented neighborhood opinions on the traffic circulation pattern, traffic volumes, traffic speeds, accident analysis and signage. Speaking for the residents, she proposed the establishment of a new, major arterial street as a route to Murray Park; closing a street in Kingwood on Saturdays and Sundays to cutt off access to and from Murray Park through the neighborhood; rerouting trucks and heavy equipment out of Kingwood; new traffic signs in the area and strict enforcement of drug and alcohol laws in the park; and that the Park be closed at 10:00 P. M. instead of midnight. Others addressing the problems were Mrs. Guy Smith, Porter Puckett, Richard Fischer, Edward Smith and Mary Richardson. Responding to a statement by a resident that a policeman had told them that officers "hands are tied ", Chief of Police Walter Simpson said remarks of this kind are contrary to the policy of the ' Police Department; adding, that the act of drinking in the park is not illegal. There was no further discussion or action taken at this time. At this time, Mayor Benafield announced the opening of the public hearing set for this time and place to hear Zoning Appeal (Z- 3985), from Lee Gibson, Agent for the owner, Darrell Cox, to reclassify 2012 Wright Avenue in the City of Little Rock, from "R -4" Two - family District to "0-1" Quiet Office District. The Planning Commissio denied the request on March 29, 1983. Mr. Gibson explained the zoning in the surround- ing area and said the basic objection of the Planning Commission was "spot zoning." There had been no objectors to the proposal. Shirley A. Dunn spoke in favor of the offices, stating there was a need at this location for this type zoning. Mr. Nathaniel Griffin, Director of Comprehensive Planning explained to the Board of Directors that the Planning Commission's objection was "spot zoning" and the 4,100 square foot lot with inadequate parking, could not be properly used for offices. There was no further discussion, the public hearing was declared closed, and the proposed Ordinance was ' placed on first reading, with the title being: J $79 i JUNE 7, 1983, Cont'd. AN ORDINA14CE RECLASSIFYING PROPERTY LOCATED AT 2012 WRIGHT 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; and said Ordinance was read the first time; after which there was a motion by.Director Hubbell, seconded by Director Hess, that the rules be suspended and the Ordinance be 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 '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 and seconded by Directors Hubbell and Shackel- ford, respectively, 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, follow ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as follows: Ayes - Director Shackelford - total 1; Noes - Director I Hess, Mayor Benafield, Directors Weeks,-Bussey and Hubbell - total 5; Absent - Director Jones total 1. Whereupon, the Ordinance declared to have FAILED. I - was Ordinance No. 14,449 was the next presentation, entitled: AN ORDINANCE AMENDING SECTION 2 -102A, CHAPTER 43 OF THE CODE OF ORDINANCES OF i I THE CITY OF LITTLE ROCK, ARKANSAS,.DEFINING GROUND - MOUNTED SATELLITE TELEVISION SIGNAL RECEIVING DISHES; DECLARING SAID DISHES TO BE ACCESSORY STRUCTURES; AND FOR OTHER PURPOSES; and there was a second reading of the Ordinance, which was read the first time on May 17, 1983. A motion then followed from Director Hess, seconded by Director Hubbell ` 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 final reading of the Ordinance ensued. Following the final reading of the Ordinance, there i was an Aye and No Vote taken on the question, Shall the Ordinance Pass, which resulted ' as herein recorded: Ayes - Director Hess, Mayor Benafield and Director Hubbell - total 3; Noes - Directors Weeks, Bussey and Shackelford - total 3; Absent - Director Jones - total 1. At this time, Director Hubbell moved pursuant to the Board's policy on a 3 -3 vote, if Director Jones desires, the matter can be brought up again in two weeks. Director Hess seconded the motion. After the Ordinance was voted on, there was confusion and misunderstanding on how the Ordinance was worded. Mr. Nathaniel Griffin explained that the Ordinance declares that satellite dishes are accessory I ` structures and accessory structures are prohibited in front yards of residences; adding, the vote should be "yes" if one is against the erection of satellite dishes in front yards. After Mr. Griffin's explanation, Mayor Benafield called for a motion to expunge the vote on the passage of the Ordinance, with the motion being made by Director Hubbell, seconded by Director Hess, and unanimously adopted by voice vote of the Board Members present. Mayor Benafield then instructed the City Clerk to again ' call the roll on the passage of the Ordinance, with the response being: Ayes - Director Hess, Mayor Benafield, Directors Bussey, Shackelford 5; and.Hubbell - total Noes - Director Weeks - total 1; Absent - Director Jones - total 1. Mayor Benafield then declared that the Ordinance had PASSED. 1 P1 III 38C JUNE 7, 1983, Cont'd. Introduced next was Ordinance No. 14,450, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE INTER- SECTION OF OTTER CREEK PARKWAY AND QUAIL RUN DRIVE (Z- 4003); OTTER CREEK BAPTIST , CHURCH, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; ( "R -2" District - property to be used for a church and related activities.) which Ordinance was read the first time. A motion followed by Director Bussey, second) ed by Director Weeks, that the rules be suspended and the Ordinance be placed on secon 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 Hess, seconded by Director Hubbell, 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Bess, Mayor Benafield, Directors Weeks, ' Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - ,Director Jones - total 1. Therefore, the Ordinance was then declared PASSED. Consideration was then given to Ordinance No.,14,451, containing the following caption: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MODIFI- CATION OF A LONG FORM "PRD" DISTRICT TITLED WOODLAND HILLS (Z- 3269 -B) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE 14,067 AND CHAPTER 43, ARTICLE VI, SECTION 6.101 OF.THE CITY OF LITTLE POCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hess, 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 I of the Board of Directors - elect. Upon the 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, seconded by Director Hess, and adopted by unanimous vote of the members of the Board of Directors elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. I The Ordinance was therefore declared PASSED. Ordinance No. 14,452 was the next presentation, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A SHORT FORM "PRD" DISTRICT TITLED BRAINARD PLACE (Z -3975) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Lot 7, Block 7, C. 0. Kimball 6: Bodeman's Addition to the City of Little Rock) ' and after a first reading of the Ordinance, there was a motion by Director Hess, 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 JUNE 7, 1983, Cont'd. i Directors present, being six in number and two - thirds or more of the members of the i Board of Directors - elect; and the second reading of the Ordinance ensued. A sub- ' sequent motion was made by Director Hubbell, seconded by Director Hess, to further suspend the rules and place the Ordinance on third and final reading: The motion was unanimously adopted by the members of the Board of Directors present, being six in I number and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance after which an Aye and No Vote was take on the passage of the Ordinance and resulted as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and 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. 14,453, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A SHORT FORM "PCD" DISTRICT TITLED GIBSON PLACE (Z -4007) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion from Director Hess an 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. 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, seconded by Director Hess, 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 herein described: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackel- ford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Mayor Benafield then announced that the Ordinance had PASSED. i A public hearing had been scheduled by Resolution No. 6,990, with notice thereof duly published on May 24, 1983 and May 31, 1983, on the petition from Winrock Homes, Inc. to vacate and close a portion of Timber Bend Drive lying between Lot 1, Block 4 and Lot 12, Block 5, Timber Ridge Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Timber I Ridge Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property Mayor Benafield 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 and Ordinance No. 14,454 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING TIMBER BEND DRIVE BETWEEN TIMBER HILL AND TIMBE RIDGE DRIVES IN TIMBER RIDGE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Shackelford, ' seconded by Director Hubbell, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to suspend the rules JUNE 7, 1983, Cont'd. and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the , Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following; response: Ayes - Director Hess, Mayor I Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been advertised for this time and place upon the question of issuance of Health Care Revenue Bonds for B H & G Properties, for treatment in the field of neurology, to be located in the vicinity of Baptist Medical Center in the City of Little Rock. The principal amount of the bonds is expected to be approximatel $1,900,000. The public hearing was declared open by Mayor Benafield, who invited speakers to come forward. Since no one was present to address the issue, the public hearing was declared closed and Resolution No. 7,005 was presented, entitled: A RESOLUTION COMMITTING TO ISSUE HEALTH CARE REVENUE BONDS FOR THE PURPOSE OF PROVIDING THE FINANCING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF CERTAIN MEDICAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ' with the Resolution being read in full, followed by a motion from Director Hubbell, seconded by Director Weeks, for adoption of the Resolution. A roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Resolution No. 7,006 was presented next, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE -YEAR CONTRACT, WITH A ONE YEAR OPTION FOR AUDIT SERVICES; (Contract with Frost & Company for a total price not to exceed $138,300.00) with there being a complete reading of the Resolution. It was Director Shackelford's opinion that the contract would only be for a period of three years. Mayor Benafield commented that the matter as discussed at the Agenda Meeting was to include the option which was to be in the hands of the City and not the auditors, with the contract to ' be awarded to the low bidder, which is a qualified firm. Mr. Dorsey Jackson of Peat- Marwick & Mitchell, spoke regarding several other criteria spelled out in the bid proposal with Peat - Marwick meeting all of these, according to his statement. Upon question by Mayor Benafield, Mr. E. Jack Murphy, Director of Finance and Administratioil , stated that Frost & Company is qualified to perform the City's audits, and that their audits were satisfactory during the years 1976 -79, and that they were low bidder. Mr. Jack Holt of Price Waterhouse was the other speaker who stated he was in basic agreement with comments by Mr. Jackson. There was no further discussion and a motion was made by Director Bussey, seconded by Director Weeks, that the Resolution be adopted. A roll call vote was taken which adopted the Resolution be the following: Ayes - Director Hess, Mayor Benafield, Directors Weeks and Bussey - total 4; Noes - Directors Shackelford and Hubbell - total 2; Absent - Director Jones - total 1. It was therefore, announced that the Resolution had been ADOPTED. Consideration was then given to Ordinance No. 14,455, described as: ' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR STREET AND SIGNAL IMPROVEMENTS FOR THE VA HOSPITAL PROJECT; AND APPROPRIATING ADDITIONAL FUNDS FROM THE 1977 CAPITAL IMPROVEMENT FUND INTEREST; ($73,552.00) I II 8 JUNE 7, 1983, Cont'd. and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 Director 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 Hubbell to again suspend the rules and place the Ordinance on third and final reading, which motion was again 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 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. Ordinance No. 14,456 was presented, entitled: AN ORDINANCE AUTHORIZING THE CITY OF LITTLE ROCK ACTING BY AND THROUGH THE LITTLE i ROCK MUNICIPAL AIRPORT COMMISSION TO EXERCISE THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY; I (Re: Area 23, tracts 24 -66) with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Shackelford, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hubbell to again sus - pend the rules and place the Ordinance on its third and final reading, Director Shackelford seconded the motion, which was then 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. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackel- ' ford and Hubbell - total 6; Noes - None; Absent - Director Jones - 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance, together with the Emergency Section, was then declared PASSED. Ordinance No. 14,457 was introduced, containing the following caption: AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE PERIODIC MAINTENANCE OF STREETS IN NEWLY ANNEXED AREAS THAT RECEIVED PERIODIC MAINTENANCE BY PULASKI COUNTY; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 Director 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 Hubbell, and again seconded by Director Shackelford, to further suspend the rules and place the Ordinance on third and final reading. The motion was i unanimously adopted by the members of the Board of Directors resent being six in 384 JUNE 7, 1983, Cont'd. 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 question, Shall the Ordinance Pass, with the results recorded as follows: ' Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. It was then announced that the Ordinance had PASSED. A public hearing had been scheduled and advertised for this time and place on approval of various projects and allocation of funds, as provided for in the Little Rock Community Development Block Grants "JOBS" Program for 1983. At this time, Mayor Benafield declared the public hearing open and when no one appeared to address the matter, he announced the closure of the hearing and Resolution No. 7,007 was presented, i entitled: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) "JOBS" PROGRAM FOR 1983; APPROVING THE CDBG "JOBS" APPLICATION; AND AUTHORIZING THE FILING OF THE APPLICATION FOR SUCH FUNDS; ' and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll-call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. At this point in the meeting, City Attorney Jack Magruder requested the Board of Directors to consider a Resolution not appearing on the agenda, which would authorize the City Attorney and the House Law Firm to enter into a Consent Decree involving the Little Rock Police and Fire Departments and the Department of Justice. A lawsuit was filed in 1978 alleging discrimination in the City's hiring and promotion practices. The City won the suit in District Court last year, but it was appealed to the U. S. Eighth Circuit Court of Appeals at St. Louis. If the Consent Decree is accepted by the U. S. Court, it will bring the issue to a conclusion. (See Wall Folder #864 for letter from Phillip K. Lyon regarding attorney's fees.) The Board Members unanimously ' agreed to consider the Resolution, No. 7,008, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY AND THE HOUSE LAW FIRM TO ENTER INTO A CONSENT DECREE ON BEHALF OF THE CITY OF LITTLE ROCK; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Bussey, and the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. I With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 9:00 o'clock P. -M., and that the Board of Directors meet again in regular session on Tuesday, June 21, 1983 at 7:00 o'clock P. M. ATTEST: V/n 0 e Gn/ APPROVED: w �/ i City Clerk Jane Czech Mayor J. W. Benafield I 185 Board of Directors Chamber I Little Rock, Arkansas June 21, 1983 - 7:00 P. M. in The Board of Directors of the City of Little Rock, Arkansas met regular session with Mayor J. W. Benafield presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. i It was announced that a quorum was in attendance and the meeting., therefore, proceeded as herein recorded. The Invocation was given by Director Shackelford. The Consent Agenda was presented first, consisting of the following items: i (a) The reading of the Minutes of the previous meeting held June 7, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1983. (c) The 1982 Annual Report of the Little Rock Wastewater Utility. (d) Resolution No. 7,009, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD I i CONTRACTS TO PURCHASE AUTOMOBILE LIABILITY INSURANCE, VEHICLE SCALES, COMPUTER EQUIPMENT, UNINTERRUPTABLE POWER SUPPLY SYSTEM FOR THE OFFICE OF MANAGEMENT SUPPORT, AND THE ANNUAL SUPPLY OF PRINT SHOP PAPER. (e) Resolution No. 7,010, with the title being: . A RESOLUTION APPROVING THE NOMINATIONS TO THE PRIVATE INDUSTRY COUNCIL. (f) Resolution No. 7,011, described as: A RESOLUTION DESIGNATING THE LITTLE ROCK JOB TRAINING PARTNERSHIP ACT PROGRAM AS THE PERMANENT ADMINISTRATIVE ENTITY UNDER THE JOB TRAINING PARTNERSHIP ACT. (g) Resolution No. 7,012, containing the following caption: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PULASKI COUNTY FOR THE LEASE BY THE CITY FROM THE COUNTY OF THE OLD COUNTY JAIL PROPERTY. By a motion from Director Hubbell, seconded by Director Weeks, 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 7, 1983 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 for the month of April, 1983 was received and filed; (c) The 1982 Annual Report of the Little Pock Wastewater Utility; and (d, e, f & g) Resolutions No. 7,009, 7,010, 7,011 and 7,012 were read in full and adopted by the following roll call vote: i Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Under Citizen Communications, Mr. Cecil H. Higgins, 1728 North Moss Street, North Little Rock, Arkansas, presented a sketch and proposal for the construction of sports arena on Interstate 40, which he said could be constructed with tax free bonds Zoning Application Z- 2067 -A from Don Johnson for Henderson Real Estate Invest- ments was the next presentation, The application requested the rezoning of 13.15 acres on Green Mountain Drive, described as The Waterford Apartments (long legal description), from "MF -12 ", "R -5" and "R -6" Districts to "MF -24" Multi- family Distric , ase� JUNE 21, 1983, Cont'd. as approved by the Planning Commission.May 24, 1983. There was no opposition presented and Ordinance No. 14,458 was presented, with the title being: AN ORDINANCE RECLASSIFYING THE WATERFORD APARTMENTS LOCATED ON 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; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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 again made by Director Hubbell to further suspend the rules and place the Ordinance on third and final reading, which motion was seconded by Vice Mayor /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 after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes = Directors Shackelford, Hubbell, Hess, Mayor Benafield, Directors , Weeks and Bussey - total 6; Noes - Vice Mayor /Director Jones - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -4005 was next presented from Mr. Reed S. McConnell for Apartment House Builders, Inc. The application requested the rezoning of 6510 Mabel- vale Cutoff Road, lying within 200 feet of Lot 3A McConnell's First Addition to the City of Little Rock, Arkansas, from "R -2" Single - family District to "C -3" General Commercial, which was approved by the Planning Commission on May 24, 1983. No one was present to voice opposition, but Mr. Allan Curry, Engineer for the project, Mr. Ken Deramus and Mr. Reed S. McConnell were present to answer questions, with Mr. Curry explaining the zoning in the surrounding area. There was no further discussion and Ordinance No, 14,459 was presented, entitled: All ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 6510 MABELVALE CUTOFF 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 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 Hess, 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 Hess that the rules again be suspended and the Ordinance be placed on third and final reading. Director Weeks 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 Hubbell, Jones, Bess, Mayor Benafield, Directors Weeks.and Bussey - total 6; Noes - Director Shackelford - total 1; Absent - None. The Ordinance was then declared PASSED. , .The following applications for rezoning were presented at this time, as approved by the Planning Commission on May 24, 1983. Z -4001 - From Barbara Reeder to rezone 8124 Flint Ridge Road (long legal 1 JUNE 21, 1983, Cont'd. description), from "R -2" Single - family District to "C -4" Open Display District. Z -4009 - From Thomas L. Allen to rezone 1515 Market Place, described as Lot R45B, a Replat•of Part of Lot 45, Charles Valley Subdivision to the City of Little Rock, Arkansas, from "C -4" Open Display District to "C -3" General Commercial District. Z -4010 - From Edward S. Back to rezone 1111 Autumn Road, described as Tract 57, I West Highland Subdivision in the City of Little Rock, Arkansas, from "R -2" Single - family District to "I -2" Light Industrial and "0 -3" on the South 200 ft. (Note: This application was removed from the agenda and deferred for two-weeks, due.t6 the fact the right -of -way issue had not been satisfied.) Z -4011 - From James and Mildred.Huntsman to rezone 223 Sunnymeade Drive (long legal description), from "R -2" Single - family District to "0 -3" General Office District. Z -4019 - From Gene Lewis, Jr., Agent for Dan Dipert, to rezone the N/E Corner i of Merrill and Arcade Drives, described as Lot 9A, Charles Valley Subdivision to the i City of Little Rock, from "C -4" Open Display District to "C -3" General Commercial District. Z -4022 - From Don Bailey, Agent for Anna L. Gosser, to rezone the west side of the 7500 block of Geyer Springs Road (Home Acres Subdivision), from "I -2" Light Industrial District to "C -3" General Commercial District. Z -4023 - From Robert Mitchell for Esther Marie Mitchell, to rezone 2507 -09 Howard Street, described as Lots 9 & 10, Block 1, Nettie F. Riffel Addition to the City of Little Rock, Arkansas, from "R -3" Single - family District to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same (with the exception of Z -4010) was placed on first reading. (See Ordinance No. 14,460 as follows) There was presented Ordinance No. 14,460, 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 the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Shackelford, seconded by Vice Mayor/ i 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 again made by Director Shackelford, seconded by Director Hubbell, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was un- i i 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; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on i the passage of the Ordinance, which resulted as herein described: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Week§ and Bussey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Zoning Application Z- 3150 -A from Jim Hathaway was the next presentation. The application requested the rezoning of the North I -30•, 500 feet side of southwest of Wanda Lane, from "R -2" Single- family, "MF -18" Multi- family and "C -4" Open Display to "0 -3" General Office District leaving 10 ft. of "R -2" Single- family along the East and North boundaries, as approved by the Planning Commission on May 24, 1983. Mr. Jim 381111 if I JUNE 21, 1983, Cont'd. Hathaway, the petitioner, explained the proposed use of the property is for the construction of a building with recreational facilities for use by the Scimitar Shrine Temple, pointing out the unanimous approval of the Planning Commission, Mr. Gary , Dunwoody, Chairman of the Building Committee for the Scimitar Shrine Temple said he felt this would-be a great asset and strongly requested the classification approved by the Planning Commission be granted. Upon question by Vice Mayor /Director Jones, Mr. Dunwoody assured nothing will be done that will be detrimental to surrounding property. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Staff was recommending a 50 ft. "OS" open space buffer zone along the eastern boundary because of the adjacent residential subdivision. There was no further discussion and no opposition presented by residents in the area and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,461 as follows) Ordinance No. 14,461 was presented, described as: A14 ORDINANCE RECLASSIFYING PROPERTY LOCATED ON I -30, 500 FEET WEST OF WANDA LANE I 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 again seconded by Director Weeks, 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 i 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. ' The next presentation was Ordinance No. 14,62, containing the following caption: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN FROM "SF" SINGLE FAMILY TO "NC" NEIGHBORHOOD CONVENIENCE, "MF" MULTIFAMILY AND "OS" OPEN SPACE IN THE CASTLE VALLEY AND BUNCH ROAD AREA; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by.Director Jones, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hess to again suspend the rules,and place the Ordinance on its third and final reading. Director Jones seconded the motion, which was then adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, , resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - ,total 7; Noes - None; Absent - None, Therefore, the Ordinance was declared PASSED. JII � 9 I JUNE 21, 1983, Cont'd. I Introduced at this time was Ordinance No. 14,463, entitled: i AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN FROM "SF" SINGLE FAMILY AND "SF -A" SINGLE FAMILY ATTACHED TO "MF" MULTIFAMILY, IN THE AREA NORTH OF THE ROCK CREEK PARKWAY; 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 Hubbell, 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 subsequent motion by Director Hess that the rules again be suspended and the Ordinance be placed on thir 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.Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - ,None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,464, with the title being: j AN ORDINANCE AMENDING THE MAP ELEMENT OF THE MASTER STREET PLAN TO RELOCATE THE NORTH /SOUTH PRIDE VALLEY EXTENSION TO A LOCATION FURTHER WESTWARD; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Hubbell for a suspension of the rules and the placing of the Ordinance 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. A second reading of the Ordi- nance followed, with a motion thereafter being made by Director Hess, again seconded by Director Jones, to further 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 result- ing Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. A public hearing had been scheduled by Resolution No. 7,001, with notice thereof duly published on June 13, 1983 and June 20, 1983, on the petition from Yorkshire . Properties to vacate and close Yorkshire Drive and a certain parcel of real property designated as "Lawn Area" in Yorkshire Place, an Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the i plat of Yorkshire Place Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from the Little Rock Abstract Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one present who wished to speak either for or against the proposal, the public i hearing was declared closed and Ordinance No. 14,465 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING YORKSHIRE DRIVE AND A CERTAIN PARCEL OF REAL PROPERTY DESIGNATED AS "LAWN AREA," IN YORKSHIRE PLACE, AN ADDITION TO THE CITY OF 311111 111111 JUNE 21, 1983, Cont LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by 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 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 Hubbell, seconded by Director Weeks, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Where- upon, the Ordinance was declared PASSED. A proposed Resolution had been placed on the Agenda to approve the issuance of Metrocentre Improvement District No. 1 Revenue Bonds, Series 1983, for the Lafayette , Project, in the amount of $5,500,000. City Manager Susan-Fleming advised that the i Attorney for the Project had requested that the matter be deferred, therefore, no action was taken. A public hearing had been scheduled for this time and place upon the question of issuance of Industrial Development Revenue Bonds for CPC International, Inc. (Best Foods Facility located at 8500 Frazier Pike - Expansion, not to exceed $1,000,000). The public hearing was declared open by Mayor Benafield and when no one appeared to speak, the hearing was declared closed and a Resolution authorizing the issuance of the bonds was presented as follows: Resolution No. 7,013 was considered, entitled: A RESOLUTION AUTHORIZING A MEM0RANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND CPC INTERNATIONAL INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ' and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Weeks, and by the following roll call I I vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey — total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 14,466, described as: AN ORDINANCE ACCEPTING AND APPROPRIATING $25,000 FROM A GRANT SECURED FROM THE I SMALL BUSINESS ADMINISTRATION; (For improvements in Murray Park) 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconde , by Directors Shackelford and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the third and final reading of the Ordinance I X91 JUNE 21, 1983, Cont'd. ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The next presentation was Resolution No. 7,014, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ARCHITECTURAL /ENGINEERING SERVICES FOR THE CITY HALL REMODELING PROJECT; (Contract with Witsell & Evans, P.A. /Wittenberg, Deloney and Davidson, Inc.) and there was a complete reading of the Resolution. A discussion followed in which it was stated the Staff proposal contained three options: (1) renovate the present City Hall; (2) renovate the present City Hall and add a new wing, or adjacent building or (3) go to a new site. Mr. Charles Matthews, speaking as a lawyer and developer and not as Chairman of the Museum of Science and History, addressed the issue stating, if the City•is looking for alternatives, the proposal is not written broad enough; adding, if the City is considering another site for City Hall, then the contract should be written in broader context, or the specifications for the context should be ' revised. He further stated that if it is the intent to study alternate uses of the present building and alternate sites for City Hall, then additional money will have to be spent. At this point, Director Hess stated, "I think Mr. Matthews has the idea that we probably need someone instead of just deciding what it is going to cost us to build another building to house City Hall, to determine what we might get for the property that we presently own. I think Mr. Matthews has some good ideas and I feel we might need to increase our study of what we are looking at for a City Hall, whether it's this building or a new one." Upon question by Mayor Benafield, Director Hess recommended expansion of the study. Upon question by Director Hess, Mr. Charles Witsell, president of Witsell & Evans, advised that appraisal of the property was not included in the options, because they were not asked to do so; however, he said an appraisal could be provided. Directors Jones and Weeks commented they were reading to vote, while Director Bussey said he would like an appraisal of the present property Director Hubbell suggested that the Board could award this contract and at a separate time, enter into a contract for an appraisal. In conclusion, Director Hess stated before we can make a final decision, we need to know the difference between renovating this building and building a new one, and we can't do this until we find out what this one is worth. There was no further discussion and upon motion by Director Hubbell, seconded by Director Jones, the Resolution was adopted by the following roll call vote: Ayes - Directors Shackelford, Hubbell, Jones, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - Director Hess - total 1; Absent - None, Resolution No. 7,015 was presented at this time, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISPENSE WITH REQUIREMENTS FOR FOP14AL COMPETITIVE BIDDING AND TO AUTHORIZE PAYMENT OF $33,240 TO OTTER CREEK DEVELOP- MENT COMPANY FOR STREET, DRIVEWAY, SIDEWALK, SEWER, AND WATER IMPROVEMENTS AND SITE GRADING FOR THE OTTER CREEK FIRE STATION PROJECT; and the Resolution was read in its entirety. A motion then followed by Director ' Hubbell and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Y 39 JUNE 21, 1983, Cont'd. A proposed Ordinance was the next presentation, with the title being: A14 ORDINANCE CHANGING THE NA14E OF "BARYSDALE ROAD" TO "RADIO ROAD, and the Ordinance was read the first time. The rules were then suspended to allow for , the 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 again made by Director Hubbell, seconded by Director Shackelford, that the rules be further suspended and the Ordinanc be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinanc which resulted as herein recorded: Ayes - Directors Shackelford.and Hess - total 2; Noes - Directors Hubbell, Jones, Mayor Benafield, Directors Weeks and Bussey - total 5; Absent - None. It was then announced that the Ordinance had FAILED to pass. A proposed Resolution had been placed on the agenda to adopt a "First Source" Manpower Policy for the City to afford employment opportunities for economically dis- advantaged residents of the City. At the request of Director Bussey, the Resolution was removed from the agenda, and action deferred was deferred for two weeks. At the request of City Manager Susan Fleming, Ordinance No. 14,467 was considered at this time, which did not appear on the official agenda, and contained the following title: AN ORDINANCE AUTHORIZING RIVERSIDE CABLE TV, INC., TO DROP THE AUTOMATED PROGRAMMING GUIDE AND TO SUBSTITUTE UHF STATION KLRT; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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 last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as herein recorded: Ayes - Director Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. City Manager Susan Fleming also brought to the attention of the Board of Directors the proposed changes in the new Articles of Incorporation for the Museum of Science and History, pointing out that in Section 26 =13 regarding appointments, that the appointments are to be made by the Little Rock,Board of Directors. She requested Mr. Charles Matthews, Chairman of the Board of Trustees of the Museum of Science and History to explain Section 26 -15 titled "Powers and Duties." This section would give the Board of Trustees authority to build and equip a new Museum along the Arkansas ' River at the foot of Rock Street, subject to planning and zoning codes of the City. In general discussion, the Board of Directors agreed to defer the matter for two weeks and consider it on Wednesday, June 29, 1983 at 1:30.o'clock P. M. in a reconvened P93 JUNE 21, 1983, Cont'd. I meeting of the Board of Directors. This will give the Board ample time to study the proposal. On December 5, 1978 the Board of Directors passed 0 ldinance No. 13,554 setting out attendance policy for members on City Boards and Commissions. The Ordinance requires that when a member misses 25% of all regular meetings in one calendar year or more than three consecutive regularly scheduled meetings, then such person is auto- matically removed from such position unless, prior to the next scheduled meeting of the City Board of Directors, the member submits in writing the reasons for such absences and expresses his or her desire to remain on the Board or Commission, and the City Board of Directors, by a majority vote, allows the member to continue to I serve. Pursuant to the provisions of the Ordinance, the Board of Directors instructed the Staff to notify those Board and Commission members in violation of the require - ments. Mr. Townsend Wolfe, Director of the Arkansas Arts Center was present and requested the reinstatement of the fifteen members of the Arts Center that had been removed, and asked that consideration be given to Ordinance No. 13,554, inasmuch as he felt the provisions were somewhat stringent. Director Bussey made a motion that "the Board of Directors adopt a Resolution reappointing everybody (that has been disqualified by attendance record) to the various Boardsland Commissions, and stipulating in this Resolution that every Board that is under the City Government I provide the City Manager a quarterly report on attendance of their members, and I tonight we re -elect everybody from whom we have receivedla letter, back to the Board or Commission." The motion received a second by Director Weeks and the roll call vote is recorded as follows: Ayes - Mayor Benafield, Director Is Weeks and Bussey - total 3; I Noes - Directors Shackelford, Hubbell, Jones and Hess - total 4; Absent - None. Therefore, the motion FAILED. Director Weeks then made almotion, seconded by Mayor Benafield, that the Board go into executive session to discuss personnel matters and I appointments. The roll call response is recorded as follows: Ayes - Mayor Benafield and Director Weeks - total 2;, Noes - Directors Shackelford, Hubbell, Jones, Hess and I Bussey - total 5; Absent - None. With the motion having FAILED, the Board . of Directors remained in the Board Chambers to continue discussion of appointments. ' Director Hubbell opened the discussion by saying he did not support Director Bussey's motion because of one reappointment, that of Civil Service Commissioner Lynn Davis, whose letter was not responsive to the Ordinance. He supported'all the other appoint- ments. Director.Jones disagreed with Director Bussey's motion for a different reason. She said, "in some cases we received letters from these people saying they chose not to be reappointed. In order to make some sense out of the type of Boards and Commissions that are of the category that stop the wheels of government if there isn't a quorum, and the Boards and Commissions that in essence are not completely under our jurisdiction, or do not have a regulatory function, or do not hear petitions from the public, I have asked staff to separate those." She passed the lists to Board Members and continued: "I will ask_that those people on pages 2 and 3 with a single asterick by their names, on Boards and Commissions which function in an advisory I capacity and /or do not meet all of the criteria that I just mentioned, that have submitted letters requesting reappointment, that they be reappointed and all Arts Center Board of Trustees be included.," Director Jones the moved that "we reinstate the members of the following Boards and Commissions that have written us asking to be reinstated: Advertising and Promotion, Arkansas Arts Center Board of Trustees, Centea Library System, City Beautiful Commission Cit Safet Commission Historic District I I u 39 JUNE 21, 1983, Cont'd. Commission, Housing Authority, Museum of Science & History and the Port Authority, and all members of the Arkansas Arts Center." The motion was seconded by Director Hubbell and adopted by the following vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None,; , Absent - None. A subsequent motion then followed by Director Bussey, seconded by Director Hubbell, that "a Resolution be adopted reinstating everybody on Boards and i Commissions who have written a letter (requesting reinstatement), except Civil Service Commissioner Lynn Davis, and that Boards and Commissions submit a quarterly report on attendance of members." The motion was adopted by roll call vote recorded as follows: Ayes - Directors Shackelford, Hubbell, Mayor Benafield, Directors Weeks and Bussey - total 5; Noes - Directors Jones and Hess - total 2; Absent - None. At this point, Director Hubbell requested the Staff to advertise for resumes on appointments to Boards and Commissions.in the three local newspapers. There was no further discussion and the following two Resolutions were presented. Resolution No. 7,016 was considered, with the title being: A RESOLUTION REAPPOINTING CERTAIN MEMBERS OF CITY BOARDS AND COMMISSIONS; (Advertising & Promotion, Arkansas Arts Center, Board of Adjustment, Central Library , System, City Beautiful Commission, City Safety Commission, Civil Service Commission, Historic District Commission, Housing Authority, Housing Board of Adjustment and Appeal, Museum of Science & History, Port Authority) and the Resolution was read in its entirety. A motion then followed by Director Bussey and seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Shackelford, Hubbell, Mayor Benafield, Directors Weeks and Bussey - total 5; Noes - Directors Jones and Hess - total 2; Absent - None. The last Resolution to be presented was No. 7,017, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES; (Sanford M. Besser, Charles H. Harper, Phil Herrington, Douglas W. Jackson,(reappoint- ed), Mrs. Ralph McDonald, Jr., Mrs. Frank E. McGehee, Mr. Morris W. Thompson) and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Weeks, seconded by Director Hubbell, and by the following roll ' call vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Mr. Parnell Riley, 2417 Chester Street, representing the Community Task Force, complained to the Board of Directors of not being permitted to use MacArthur PArk the following Sunday for voter registration drives and other activities in the park. City Manager Susan Fleming advised that the group had been using the park for this purpose, but granting "blanket" permission for such activities would deprive the general public of access to the park. Representative Grover Richardson spoke in Riley's behalf and vowed the group would assemble at the park anyway. Mr. Riley iMr. was advised by Mayor Benafield that the matter is an administrative matter and that the Board of Directors supports the decision of Mrs. Fleming. At 8:50 o'clock P. M. Director Jones moved, seconded by`Director Shackelford, that the Board go into executive session to discuss personnel. The motion was ' unanimously adopted and the Board of Directors recessed to executive session. I Ir 1 JUNE 21, 1983, Cont'd. The executive session was concluded at 9 :35 o'clock P. M. with the Board of i (ling Directors returning to the Board Chambers, and the foll Directors answering roll ' call: Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Absent - None. Mayor Benafield then announced that the salary of City Attorney Jack Magruder had been increased to $44,000 per year by unanimous vote of the Board of Directors. i There being no further business to be presented, it!was moved by Director i Bussey, seconded by Director Weeks, and unanimously carried that this meeting be recessed at 9:40 o'clock P. M., and that the Board of Directors reconvene on Wednes- day, June 29, 1983 at 1:30 o'clock P. M. to consider the proposed changes in the new Articles of Incorporation for the Museum of Science and History. ATTEST: VAM.l� APPROVED: UUCity I Clerk Jane Czech Mayor1J. W. Benafield I i i I t I i 1 I I 396 Board of Directors Chamber Little Rock, Arkansas June 29, 1983 - 2:30 P. M. I Board of Directors of the of Little Rock, Arkansas reconvened City The ' immediately following the 1:30 P. M. Agenda Meeting, from the June 21, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey and Shackel- ford - total 4; Absent - Directors Hubbell and Jones - total 2. Mayor Benafield announced that a quorum was present and the following is an account of the proceedings: The purpose of the reconvened meeting was to consider new Articles of Incor- poration for the Museum of Science and History. A discussion followed in which Mr. Charles D. Matthews, Chairman of the Board of Trustees of the Museum of Science and History, explained the proposed amendments to Article II of the Code of Ordinances would change the name to "The Arkansas Museum of Science and History, Inc. ", making it a nonprofit corporation, and expanding the membership of the Board of Trustees from 14 to 30 members. He said this would allow the trustees to "draw from a larger base" , in fund - raising. The Museum Board has plans for a 75,000 square -foot museum with a 20 -story office building on top of it. The estimated cost is approximately $25,000,000 Mr. Matthews assured the Board of Directors that the City would not be asked for additional money; that "the Museum is within our budget and we intend to stay within our budget." The development plans are to be submitted to the City for review as a planned unit development. The tract to be developed is zoned for public and institutional use, but a conditional use permit would be needed for the office build- ing. Mr. Matthews also said an adjacent tract, owned by the Missouri Pacific Lines, would be needed. He would like for the City to lease and the Museum to sublease the land from MoPac. The block immediately south of the site also is needed for an 800 - space parking deck. Again, Mr. Matthews assured the Board of Directors it would not be asked to help buy the property. To conclude the discussion, Director Weeks moved, seconded by Director Hess, "that the Board of Trustees of the Arkansas Museum of ' Science and History, Inc. be granted the necessary authority to proceed forthwith, to plan, design and have constructed and equipped a new museum building and such additional improvements as shall be necessary or convenient to finance and complete the same, to be located along the Arkansas River at the foot of Rock Street on property owned or leased by the City of Little Rock. Such plans and designs shall be submitted to the Planning Commission and Board of Directors for review and approval before beginning construction, and shall conform to the zoning and planning codes of the City." The motion was unanimously adopted and Ordinance No. 14,468 was presented, entitled: AN ORDINANCE AMENDING SECTIONS 26 -12 THROUGH 26 -17 OF ARTICLE II OF THE CODE OF ORDI14ANCES OF THE CITY OF LITTLE ROCk; TO RENAME THE MUSEUM OF SCIENCE AND HISTORY AS "THE ARKANSAS MUSEUM OF SCIENCE & HISTORY "; PROVIDING FOR ITS INCORPORATION AND MANAGEMENT; AUTHORIZING ITS BOARD OF TRUSTEES TO PLAN, DESIGN, CONSTRUCT, AND EQUIP A NEW 14USEUM BUILDING TO BE LOCATED ON THE ARKANSAS RIVER AT THE FOOT OF ROCK STREET; ' 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 Director 7V/ I JUNE 29, 1983, Cont'd, present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was again made by Director Weeks to further suspend the rules and place the Ordinance on third and final reading, which motion was again seconded by Director, Shackelford, 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hubbell and Jones - total 2. Whereupon, the Ordinance was declared PASSED. The last presentation was Resolution No. 7,018, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN H.C.R.S. GRANT THROUGH THE DEPARTMENT OF LOCAL SERVICES TO BE USED FOR IMPROVEMENTS TO MacARTHUR _ PARK; and there was a complete reading of the Resolution which was subsequently adopted upon motion from Director Shackelford, seconded by Director Hess, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors.Hubbell and Jones - total 2. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 2:45 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday, July 5, 1983. Q ATTEST: � yCi�7l/ APPROVED: Q City Clerk Mayor rv/ 398 Board of Directors Chamber Little Rock, Arkansas July 5, 1983 - 7:00 P . 11. The Board of Directors of the City of Little Rock, Arkansas met-in regular sessio , with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess,`Weeks, Bussey, Shackelford and Hubbell - total 5; Absent - Vice Mayor /Director Jones - total 1. � , With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Hubbell, The first matter to be considered was the`Consent Agenda consisting of the following items: (a) The reading of the minutes of the previous meeting held June 21, 1983 and the reconvened meeting held June 29, 1983. (b) A motion to set the date for public hearing on July 19, 1983 on Zoning Appeal Z -4012, to rezone 7900 West Capitol Avenue in the City of Little Rock, Arkansas, from "MF -24" Multi- family District to "0 -3" Office District. ' (Denied by Planning Commission 5- 24 -83) (c) Resolution No. 7,019, entitled: A RESOLUTION URGING B.`G. CONEY TO EXPEDITE THE WORK OF MAKING IMPROVEMENTS TO EXCAVATED LAND ON CANTRELL ROAD ACROSS FROM RAZORBACK SQUARE. (d) Resolution No. 7,020, with the title being: A RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE PROPOSED DOWNTOWN MINED -USE DEVELOPMENT PROJECT RFP. " (e) Resolution No. 7,021, described as: A RESOLUTION CONCURRING WITH THE PLANNING COMMISSION'S ACTION AUTHORIZ- ING AN EXTENSION OF WATER SERVICE TO All ELEVATION ABOVE 675 FEET IN CERTAIN AREAS. (f) Resolution No. 7,022, containing the following caption: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD ' CONTRACTS FOR A PASSENGER WINDOW VAN FOR THE PARKS DEPARTMENT; FOR STREET AND STORM DRAINAGE IMPROVEMMENTS FOR JOHN BARROW ROAD AND WOODRUFF SCHOOL AREAS; OFFICE SUPPLIES; IMPROVEMENTS TO THE GIRAFFE QUARTERS AT THE LITTLE ROCK ZOO; AND A MICROFICHE SYSTEM FOR THE OFFICE OF THE CITY CLERK. (g) Resolution No. 7,023, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CDBG STREET AND STORM DRAINAGE IMPROVEMENTS FOR THE STEPHENS SCHOOL, OAK FOREST AND EAST LITTLE ROCK AREAS. (h) Resolution No. 7,024, with the title being: RESOLUTION AUTHORIZING A RELEASE OF EASEMENT ON LITTLE ROCK MUNICIPAL AIRPORT COMMISSION PROPERTY. (i) Resolution No. 7,025, described as: A RESOLUTION AUTHORIZING THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION ' TO GRANT'AN EASEMENT TO THE LITTLE ROCK WASTE WATER UTILITY (SEWER DEPART - HENT) . (j) Resolution No. 7,026, with the caption being: 39S JULY 5, 1983, Cont'd. A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALL OF THE WEST 827.42 FEET OF LORENA AVENUE AND THE SOUTH 201 FEET OF AN UNNAMED 20 ' 20 FOOT RIGHT -OF -WAY WHICH LIES WEST OF TRACT 19, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be July 19, 1983) i By motion from Director Hubbell, seconded by Director Weeks, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b) Motion was made and adopted to set a public hearing on July 19, 1983 on the Zoning Appeal to rezone 7900 West Capitol Avenue, from "MF -24" Multi- family District to "0 -3" Office District; and (c, d, e, f, g, h, i & j) Resolutions No. 7,019, 7,020, 7,021, 7,022, 7,023, 7,024, 7,025 and 7,026 were read in full and adopted by the following roll call vote: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Under Citizen Communications, a group of residents from the Kingwood Area were again present addressing the traffic problems in that neighborhood. Ms. Diann Smith, ' Ms. Ann McQueen, Ms. Freda Drewelow and Mr. Arnold Goodman spoke in opposition to the City Engineer's plans to build islands to solve the problem of heavy and reckless traffic using their neighborhood to reach and leave Murray Park. Director Hubbell made a motion, seconded by Director Shackelford, "that City Manager Susan Fleming arrange for a public hearing with the Planning Commission and residents of Kingwood, said hearing to be held in the area, to further address the issue." The motion was un- animously adopted by voice vote of the Board Members present. Zoning Petition (Z -4010) to reclassify 1111 Autumn Road, from "R -2" Single - family District to "I -2" Light Industrial District had been placed on the agenda for consider- ation. City Manager Susan Fleming advised that the applicant had requested the proposa be deferred for sixty days; therefore, no action was taken. Zoning Petition (Z -4029) was presented at this time from Jim Mitchell, agent for the Little Rock School District, requesting that the S/E Corner of Evergreen and ' University Avenue (long legal description) be rezoned from "R -2" Single - family District to "0 -2" Office and Institutional District. The petition received the approval of the Planning Commission on June 28, 1983. No opposition was presented and Ordinance No. 14,469 was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EVERGREEN AND UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE POCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Hess, 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 Hess, seconded by Director Hubbell, to again suspend the rules and place ' the Ordinance on 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 taken on the passage of the Ordinance with the response being: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey IJ 4oq,' JULY 5, 1983, Cont'd. and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. It was announced that the Ordinance had PASSED. Introduced next was Ordinance No. 14,470, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 16TH AND , MARSHALL STREETS (Z -4028) CAPITAL CITY BUSINESS COLLEGE, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property described as Lots 1 -6, Block 29, Centennial Addition to the City of Little Rock, to allow for an auxiliary branch of Capital City Junior College) with the Ordinance being read the first time; after which there was a motion by Director Hess 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 Hess and seconded by Director Hubbell, to further suspend the rules and place the Ordinance on third and final read- ing. 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 result- ' ing Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shacke ford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. The Ordinance-was therefore, declared PASSED. Ordinance No. 14,471 was the next presentation, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1605 GREEN MOUNTAIN DRIVE (Z -4031) GREEN MOUNTAIN MINI - WAREHOUSE, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To allow for expansion of mini - warehouse complex in "C -3" General Commercial District) and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Hess, 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. The Ordinance was then read the second time. There was an ensuing motion by Director Hess, seconded by Director 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.six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, there was a third and last reading of the Ordinance. The passage of the Ordinance was then submitted,to an Aye and No Vote, which resulted as follows: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Mayor Benafield then announced that the Ordinance had PASSED. Zoning Petition (Z -4034) from Jim Mitchell for C. S. B. Partnership I, was the next presentation. The application requested the rezoning of 1.026 acres on Green Mountain Drive for expansion of Green Mountain Mini - Warehouses, from "R -2" Single- family District to "C -3" General Commercial District, as approved by the Planning , •Commission on June 28, 1983. There was no opposition and Ordinance No. 14,472 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY DESCRIBED AS A PART OF LOT 1, SOUTHALL SUB - I 10i JULY 5, 1983, Cont'd. DIVISION IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF i i ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow ' for the second reading by motion of Director Hess, seconded by Director Bussey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Hess, 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 i the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; therefore, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Hubbell and Hess, Mayor Bena- field, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,473, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 10618 BRECKENRIDGE DRIVE (Z- 4032), THE BIBLE CHURCH, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR ;OTHER PURPOSES; (Property described as Tract A, Walnut Valley Addition, to allow for an addition to the existing Church plant in "R -2" Single- family District.) and after a first reading of the Ordinance, there was a motion by Director Hess, 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 Hess 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 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 Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. The following application for a Planned Unit Development was presented and approved by the Planning Commission on June 14, 1983: Z -4030 - From Robert C. Lowe to rezone 3.73 acres on Markham Street and Cunning- ham Lake Road, from "R -2" Single - family District to a Planned Unit Development for the establishment of "Rock Creek Planned Commercial District ", for mini - warehouses. This proposal received Planning Commission approval on June 14, 1983. No opposition was presented and Ordinance No. 14,474 was introduced, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" ROCK ' CREEK PCD (Z -4030) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hess, seconded by Director Bussey, that the rules be suspended and the Ordinance be I 1 402 JULY 5, 19831 Cont'd. 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 Hess, seconded by Director 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 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 response being recorded as follows: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. The Ordinance was then declared PASSED. An application for a Planned Unit Development was presented which had been approved by the Planning Commission on June 14, 1983. The application, Z -4015, from Stuart & Norman Holcombe requested the establishment of a Planned Unit Development on Lee Street at the S/W Corner of Pierce Street, named Linden Court PRD, Phase II. No one present opposed the proposal and Ordinance No. 14,475 was introduced, with-the ' title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT A14D ESTABLISHING A "PRD" DISTRIC TITLED LINDEN COURT PRD, PHASE II (Z -4015) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMEND- ING CHAPTER 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 Hess, second by Director Bussey, to suspend the rules and place the Ordinance on second reading. Th motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconde by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordi- nance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The , ,question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor/ Director Jones - total 1. The Ordinance was therefore, declared PASSED. Another application for a Planned Unit Development was presented and approved by the Planning Commission on June 14, 1983, described as Z- 3370 -B, for Worthen Bank & Trust Company by Ron Caveness, to establish Woodland Heights Office Center "PCD ", located on Woodland Heights Road immediately north of Pleasant Forest Drive (long legal description). No opposition to the proposal was presented and Ordinance No. 14,476 was considered, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRIC TITLED WOODLAND HEIGHTS OFFICE GARDENS PCD (3370 -B) IN THE CITY OF LITTLE ROCK, ARKANSA AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER ' PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Hess, seconded by Director Bussey, that the rules be suspended and the Ordinance be 03 JULY 5, 1983, Cont'd. 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 Hess, and seconded by Director Hubbel , and adopted by unanimous vote of the members of the Board of Directors present, being sir, 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 response being recorded as follows: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. The last zoning matter to be presented was Z -3990, from Julian Gilliam requesting a conditional use permit for Cantrell Mini- Warehouse located 400' west of Black Street I in Pankey Addition on the south side of Highway No. 10 in "C -3" General Commercial District. Mr. Robert Shaheen, 14000 Highway 10 complained that in his opinion, "this ' is not a part of upgrading Highway 10 ", and requested that the issue be returned to the Planning Commission for further study. Mr. Nathaniel Griffin, Director of Comprehensiv Planning advised the Board of Directors that the proposal does meet the zoning standard., but might not be aesthetically beneficial. The Planning Commission approved the application on June 14, 1983. There was no further discussion and Ordinance No. 14,477 was presented, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT STATE HIGH- WAY #10, APPROXIMATELY 400' WEST OF BLACK ROAD (Z- 3990), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, followed by a motion by Director Hess, 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 last reading of the Ordinance at this time; with the motion being made by Director Hess, seconded by Director Hubbell, 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 was an Aye and No Vote taken on the passage of the Ordinance, with the response being: Ayes - Directors Hubbell and Hess, Mayor Benafield, Directors Weeks, Bussey and Shackel ford - total 6; Noes - None; Absent - Vice Mayor /Director Jones - total 1. Therefore it was announced that the Ordinance had PASSED. Presented for consideration at this time was a Petition from John E. Marcom, and Bruce Burrow of Realty Associates, Inc., property owners of Lots 7 through 12, Block 2 and Lot 7, Block 3, the closed 140' x 60' part of Sherman Street between Lot 12, Block and Lot 7, Block 3; and all of Lots 1, 2, 3, 10, 11 and 12, including the N/S alley between Lots 1, 2 and 3, and Lots 10, 11 and 12, all in Block 10, Pope's Addition, for the formation of Old Town Central Business Improvement District. Included with the Petition was an Abstractor's Certificate from Beach Abstract & Guaranty Company stating the petition represents 810 of the total assessed valuation of all eligible property within the boundaries of the proposed district. The total assessed valuation is shown 40 JULY 5, 1983, Cont'd. as $503,630.00. As a public hearing had been designated for this time and place, with notice thereof having been duly published on June 21, 1983 and June 28, 1983, as required by Law, Mayor Benafield declared the public hearing to be open. Mr. Graham Catlett, Attorney for the property owners who petitioned for the formation of the ' district was the first speaker. He advised his clients' property represents 81% of the total assessed valuation of property within the proposed district. The proposed district would make improvements to property East of Main Street between Sherman and Markham Streets, including the Terminal Building. He said it was not the purpose of the district to be detrimental to any of the property owners; adding, "this will be a great benefit to the property owners and also to the City, and none of the sponsors of this district was a party to the original acquisition of the land from the City." City Manager Susan Fleming stated that she had been advised that Mr. B. G. Coney, previous owner of the Sherman Oaks Development, is in no way involved in the formation of this district. (Sherman Oaks Development was not fully completed according to plans presented to the Board of Directors.) Mr. Bruce Burrow of Realty Associates, told the Board that without the improvement district, the improvements could not be made, and pledged to buy back the two Sherman Oaks units that had been sold, at the owners' option. Director Hubbell said this commitment was important to him because ' he had recommended this project to Mr. Shemin, his law partner. Now he might have to go back and vote on an improvement district that would tax the property he had recommended to Mr. Shemin. Attorney Frank Ilackey, Jr. opposed the district and represented Mr. Charles 14. Taylor who owns the property built for the N. 0. Nelson Company. He contended the district would not be a public benefit and asked to be excluded. Mr. Milton Gardner and Mr. M. P. Ray, Jr. also spoke in opposition, while Mr. James H. Larrison said he would like to see the proposed improvements put in writing. Mr. Shep Russell, Attorney for the improvement district pointed out that owners of property totalling 81% of the total assessed valuation had petitioned for the district and requested favorable consideration for its formation. Upon motion by Director Hubbell, seconded by Director Weeks, and unanimous aye vote of the Board Members present, the public hearing was closed. The Ordinance was not presented in an effort to obtain the commitments in writing; therefore, it remained on the calendar , for consideration at the July 19, 1983 regular meeting of the Board of Directors. Introduced at this time was a proposed Ordinance, containing the following caption: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY EACH OF SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN PLEASANT RIDGE STREET, WATER, DRAINAGE AND SEWER IMPROVEMENT DISTRICT NO. 636 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 Benafield then opened the public hearing by inviting those wishing to address the issue;to.come forward. Mr. Christopher Barrier, Attorney for the district spoke briefly in support of the passage of the Ordinance. Mr. Charles W. Easley, 11600 Fairview Road and Mr. J. L. Barden, 3800 Woodland Heights Road, were strenuously opposed to the improvement district. Mr. Easley said there was no reason for him to be involved and pay $23,000 for something he already had. Mr. Harden has lived on ' Woodland Heights Road for twenty -three years and feels he is being assessed $25,000 for someone else's improvements. Mr. Leon Sneed, one of the assessors for the propose district advised there are fourteen property owners within the district, and upon ✓ I 105 JULY 5, 1983, Cont'd. question by Director Hess, advised there would be annual reassessments and the district might possibly be paid out early. Also, he commented that property now valued at $100,000 could increase to $150,000 after the improvements are made. The hearing was ' closed upon motion and second by Directors Hess and Bussey, respectively, and un- animous aye vote of the Board Members present. An ensuing motion was made by Director Hess, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by a voice vote of 5 ayes, 0 noes, I Director Hubbell abstained and Vice Mayor /Director Jones was absent. The second reading of the Ordinance followed. There was no motion for suspension of the rules for the third and final reading. Mr. Christopher Barrier was requested by the Board , of Directors to meet with the opposing property owners in an effort to reach an agree- ment regarding assessment of benefits., Therefore,- the'Ordinance remained on the calendar for third and final reading on July 19, 1983. A proposed Resolution was the next presentation, described as: A RESOLUTION ADOPTING A "FIRST SOURCE" MANPOWER POLICY FOR THE CITY TO AFFORD EMPLOYMENT OPPORTUNITIES FOR ECONOMICALLY DISADVANTAGED RESIDENTS OF THE CITY;: ' and there was a complete reading of the Resolution. A motion then followed by Director Bussey, seconded by Director Shackelford, that the Resolution be adopted. A roll call vote was taken with the results recorded as follows: Ayes - Directors Bussey and Shackelford - total 2; Noes - Directors Hubbell, Hess, Mayor Benafield.and Director Weeks - total 4; Absent - Vice Mayor /Director Jones - total 1. It was announced that the Resolution had FAILED. Several citizens were present in support of the Resolution, two of whom had filled out a card to address the issue, which were overlooked. Mayor Benafield apologized and called for a motion and second to expunge the vote and hold discussion. The motion was made by Director Shackelford, seconded by Director Hess, and unanimously adopted. With the vote having been expunged from,the record, Rev. Joseph Biltz was the first to be heard who commented that "unemployment is one of the great moral tragedies of our time" and urged the adoption of the Resolution. Under the proposal the "First Source" of unemployed workers to be hired would be those under the City- sponsored Job Training and Partnership Act. Other persons speaking in ' support of the Resolution were Elena Hanggi, Daniel Bowman and Mary Davenport. Direct Hubbess and Hess explained they could not support restricting the hiring pool. After further discussion, a motion was made by Director Bussey, seconded by Director Shackel- ford, that the Resolution be adopted. A roll call vote was again taken on adoption of the Resolution with the response being: Ayes - Directors Bussey and Shackelford - total 2; Noes - Directors Hubbell and Hess, Mayor Benafield and Directors Weeks - total 4; Absent - Vice Mayor /Director Jones - total 1. Therefore, the Resolution I FAILED to be adopted. . The last matter to be considered was a proposed Ordinance, with the title being: I AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 13,554 ON ATTENDANCE POLICY FOR BOARD AND C0124ISSIONS: and the Ordinance was read the first time. Under the proposal, the various Boards and Commission may submit their own attendance policy in writing to the Board of Directors I ' If approved by the Board, they then may be exempted from provisions of Ordinance No. 13,554. Director Shackelford said she felt that Boards and Commissions having regulatory powers and that hold public hearings should not be included. Director Hess made a motion that Section 3 of Ordinance No. 13,554 not be amended and remain on 406 JULY 5, 1983, Cont'd. record in it's current form. The motion failed for lack of a second. A motion then followed by Director Hubbell, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. A roll call was taken on suspension of ' the rules with the results recorded as follows: Ayes - .Director Hubbell, Mayor Bena- field and Director Weeks - total 3; Noes - Directors Hess and Bussey - total 2; Abstaining - Director Shackelford - total 1; Absent - Vice Mayor /Director Jones - I total 1. With the suspension of the rules having.FAILED, the proposed Ordinance remained on the calendar for second reading on July 19, 1983. There being no further business to be presented, it was moved by Director Hubbell, seconded by Director Shackelford, 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 7:00 o'clock P. M. on Tuesday, July 19, 1983. ATTEST. (; APPROVED: �i� /�+✓ww+� I City Clerk Jane Czech Mayor J. W. Benafield - , I I I I II 111407 Board of Directors Chamber I Little Rock, Arkansas July 19, 1983 - 7:00 P. M. The Board of Directors of the City „of.Little Rock, Arkansas convened in regular session with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Hubbell and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Vice Mayor /Director Jones. To.open the meeting Mayor Benafield introduced Secretary General Kuang -Pu Lu, of Kaohsiung, Taiwan City Government, Republic of China, and several other Kaohsiung officials who were visiting Little Rock, to sign the sister city agreement created by the adoption of Resolution No. 6,979 on April 19, 1983. The agreement was initiated to encourage social, educational and economic projects between the two ' cities. An interesting film was shown on Kaohsiung. The Consent Agenda was presented at this time, consisting of the following items: (a) The reading of the minutes of the previous meeting held July 5, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1983. (c) A Motion to set the date for public hearing on August 2, 1983 on Zoning Appeal Z -4016, to rezone 7600 South University Avenue, from "C -3” and "R -2" Districts to "C -4" Open Display District. (Denied by Planning Commission on May 24, 1983) (d) Resolution No. 7,027, entitled: A RESOLUTION EXPRESSING APPRECIATION TO JAMES C. MERRIWEATHER, CITY HALL REPORTER FOR THE ARKANSAS DEMOCRAT, FOR HIS SERVICE TO THE CITIZENS OF LITTLE ROCK AND EXTENDING BEST WISHES IN JOURNALISTIC ASPIRATIONS THAT CARRY HIM AWAY FRO14 CITY HALL. (e) Resolution No. 7,028, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF INDUSTRIAL PAPER PRODUCTS, AND FOR THE DEMOLITION OF THE OLD COUNTY JAIL. (f) Resolution N6. 7,029, containing the following caption: A RESOLUTION SETTING THE DATE OF SEPTEMBER 6, 1983, FOR A PUBLIC HEARING REGARDING METER RATES FOR TAXICABS IN THE CITY OF LITTLE ROCK. (g) Resolution No. 7,030, described as: A RESOLUTION SETTING THE DATE OF SEPTEMBER 20, 1983, FOR A PUBLIC HEARING REGARDING THE IMPLEMENTATION OF THE PUBLIC UTILITY MODEL FOR AMBULANCE SERVICE PROVISION IN THE CITY OF LITTLE ROCK. (h) Resolution No. 7,031, entitled: A RESOLUTION ENDORSING AND ENCOURAGING THE EFFORTS OF THE LITTLE ROCK PORT AUTHORITY IN SEEKING THE NECESSARY FINANCING FOR THE DEVELOPMENT OF A SLACKWATER CHANNEL AND HARBOR FACILITY. 4ae JULY 19, 1983, Cont'd. (i) Resolution No. 7,032, containing the following heading: A RESOLUTION EXPRESSING THE INTENT OF THE CITY TO PROCEED WITH THE CONSTRUCTION OF THE CENTRAL ARKANSAS TRANSIT MAINTENANCE GARAGE IN ACCORDANCE ' WITH THE TRANSIT POLICY BOARD'S APPLICATION FOR URBAN MASS TRANSPORTATION ADMINISTRATION (UMPTA) FUNDS. (Upon question by Director Hubbell, Mrs. Janet Buford of the Transit Policy Board explained this Resolution is for the purpose of studying the possibility of land acquisition and is not a request for City funds.) By motion from Director Jones, seconded by Director Hubbell, 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 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 for the month of May, 1983 was received and filed; (c) Motion was made and adopted to set a public hearing on August 2, 1983 on the Zoning Appeal to rezone 7600 South University Avenue, from "C -3" and "R -2" Districts to "C -4" Open Display District; and (d, e, f, g, h & i) Resolutions No. 7,027, 7,028, 7,029, 7,030, 7,031 and 7,032 were read in full and adopted by the ' following roll call vote: Ayes - Directors Jones and Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. At this point in the meeting Mr. Steve Nipper, President of Riverfest, Inc. presented a check for $25,000 to the City for construction of a fountain in the east end of Riverfront Park, making a total of $50,000 Riverfest has given for the fountain. He stated 1983 Riverfest was a tremendous success and introduced Ms. Lucy Jackson and Ms. Mary Allison, 1983 and 1984 Chairpersons of Riverfest, respectively. Under Citizen Communications Mr. R. F. Toll of 12900 Ridgehaven Road, spoke to the Board regarding Resolution No. 6,963 adopted April 5, 1983, entitled "A Resolution Authorizing the City Attorney's Office to File the Necessary Condemnation Suits to Acquire Lands on the East Bank of Rock Creek Between Boyle and Kanis Parks." Mr. Toll stated that he and other property owners had not been notified of this matter prior ' to the adoption of the Resolution. He requested that they be given information on the proceedings and that the City Attorney be instructed to defer any condemnations until the information is provided. City Manager Susan Fleming was then requested to prepare a report for the Board of Directors by the next agenda meeting. The following applications for rezoning were presented at this time, as approved by the Planning Commission on June 28, 1983: Z- 2079 -D - From Bob Lowe for Baptist Medical Center to rezone 45.3 acres (long legal description) on the Baptist Medical Center Campus, from "R -4" Two - family to "0 -2" Office & Institutional District. Z- 3507 -A - From Joe White for the Bailey Development Company, to rezone 23 acres in St. Charles Subdivision (long legal description), from "IT-12" Multi- family District to "R -2" Single- family District. Z -4035 - From Bill McClard for Radiology Associates, to rezone 10.88 acres on I -30 Frontage Road (long legal description) approximately 1/2 mile east of County Line , Road, from "R -2" Single- family to "C -4" Open Display District. JULY 19, 1983, Cont'd. Z -4039 - From Joe White for Bailey Development Company, to rezone 30.8 acres in St. Charles Subdivision (long legal description), from "R -2" Single - family to 1 "MF -12" Multi- family District. Z -4040 - From Lawrence Jacimore for Joseph 14. Bruck, to rezone 6108 Nova Lane described as Part of the S 1/2 of Tract 1, Arnold's Highland Acres, Pulaski County, Arkansas, from "R -2" Single - family to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,478 as follows) There was presented Ordinance No. 14,478, 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 the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director- Hubbell, seconded by Director Jones, and by urianimous 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. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Hubbell, seconded by Director Weeks, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or i more of the members of the Board of Directors- elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Jones and Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on Zoning Appeal Z -4012, from Attorney Michael A. Skipper for James and Mildred Huntsman, to rezone ' 7900 West Capitol Avenue from "R -2" Single - family District to "0 -3" General Office District. Mr. Skipper had failed to notify the objecting property owners within 200 feet of the property to be rezoned, of the public hearing; therefore, the public hearing was rescheduled for August 2, 1983, and no action was taken. A public hearing had been scheduled by Resolution No. 7,026, with notice thereof duly published on'July 11, 1983 and July 18, 1983, on the petition from Fausett & Company, et al, to vacate and close a portion of Lorena Street and the South 201 feet of an unnamed 20 foot right -of -way which lies west of Tract 19, Hillvale Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Hillvale Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one present who wished to speak against the proposal, ' the public hearing was declared closed and Ordinance No. 14,479 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING A PORTION OF LORENA STREET AND THE SOUTH 201 FEET OF AN UNNP21ED 20 FOOT RIGHT -OF -WAY WHICH LIES WEST OF TRACT 19, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 4011� J�j JULY 19, 1983, Cont'd. and said Ordinance was read the first time, followed by a motion by Director Jones, 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 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 Hubbell,.seconded by Director Jones, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Jones and Hess, Mayor Benafield, Directo Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance was the next presentation, with the title being: AN ORDINANCE ESTABLISHING OLD TOWN CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; ' (The public hearing was held July 5, 1983, with no action being taken on the Ordinance. with the Ordinance being read the first time. There was no motion for the suspension of the rules to provide for the second reading of the proposed Ordinance; therefore, it remained on the calendar for second reading at the Board of Directors regular meeting on August 2, 1983. Introduced at this time was Ordinance No. 14,480, entitled: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY EACH OF SEVERAL LOTS, BLOCKS AND PARCELS OF LAND WITHIN PLEASANT RIDGE STREET, WATER, DRAINAGE AND SEWER IMPROVE- . MENT DISTRICT NO. 636 OF LITTLE ROCK, ARKANSAS; (Public Hearing held and Ordinance read first and second times on July 5, 1983.) and the Ordinance was read the third and last time. Mr. J. L. Harden, 3800 Woodland Heights Road again presented strong opposition to the assessment on his property. He contended that he paid $23,000 for his home and the total assessment on the property is $25,000. He further stated that he had been threatened with eminent domain. Mr. ' Charles Easley, 11600 Fairview Road was the other opposing property owner. Mr. Christopher Barrier, Attorney for the district explained that in talking with.one of the assessors, Mr. Sneed, he was advised that if single- family restrictions are made on the two properties, the annual assessment can be reduced to $600.00. Mr. Barrier said if nothing happens in the way of development, then none of the assessments would change and• "we would look for an eleven or twelve year pay- out." He advised that the I Commissioners for the District are willing to set these two assessments at whatever amount the Board of Directors feels fair. Upon question by Director Hess, Mr. Barrier said there would be no reason for the assessment of the two - single - family properties to go up. After further discussion,_Mayor Benafield moved that the annual assessment of Mr. Harden and 14r. Easley be reduced to $600.00 annually. The motion was seconded by Director Weeks and was unanimously adopted by voice vote of the Board Members present. An ensuing roll call was taken on the passage of the Ordinance -with the , response being: Ayes - Directors Jones and Hess, Mayor Benafield and Director Weeks - total 4; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Directors Bussey and Shackelford - total 2. Therefore, the Ordinance was declared PASSED, and loll JULY 19, 1983, Cont'd. the annual assessment of the Harden and Easley properties were reduced to $600.00 by adoption of the above - stated motion. Resolution No. 7,033 was considered, described as: i ' A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 i OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $5,336,000 REVENUE BONDS (LAFAYETTE PROJECT), SERIES 1983; (Public Hearing was held June 22, 1983 at 3:00 p.m., Room 233 Hall Building, Capitol & Louisiana Streets, Little Rock, Arkansas.) and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call I vote was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Jones and Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. A public hearing had been scheduled for this time and place on the issuance of B H & G Health Care Revenue Bonds not to exceed $1,900,000, for the purpose of providing permanent financing for medical facilities. Mayor Benafield declared the public hearing open and when no one appeared to address the issue, the hearing was ' declared closed and Ordinance No. 14,481 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF HEALTH CARE REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR MEDICAL FACILTIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND B H & G PROPERTIES, AS LESSEE; AUTHORIZING THE I SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER 11ATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; (Not to exceed $1,900,000) and there was a first reading of the Ordinance; after which a motion was made by Director Hubbell to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hess 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, with the second reading of the Ordinance ' following. A motion was then made by Director Hess and seconded by Director Weeks, which further suspended the rules and placed the Ordinance on third and final 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. There was a third and last reading of the Ordinance, which resulted in an Aye and No vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks and Hubbell - total 4; Noes - Director Jones - total 1; Absent - Directors Bussey and Shackelford - total 2. I The Emergency Section contained in Section 11 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks and Hubbell - total 4; Noes - Director Jones - total 1; Absent - Directors Bussey and Shackelford - total 2. Therefore, the Ordinance, ' together with the Emergency Section was declared PASSED. The next to be Ordinance No. 14,482, the matter considered was containing following caption: AN ORDINANCE APPROPRIATING $100,000 FROM Z00 ADMISSION RECEIPTS FOR ONE -TIME MAINTENANCE EFFORTS, AND IN ADDITION, SETTING ASIDE OR TARGETING ADMISSION FUNDS FOR 4U2 JULY 19, 1983, Cont'd. A TWO -YEAR PERIOD, LESS COLLECTION COSTS, FOR THE GREAT APE DISPLAY; and after the first reading of the Ordinance, there was a motion by Director Jones, seconded by Director Hubbell, 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 five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was again made by Director Jones to further suspend the rules and place the Ordinance on third and final reading, which motion was seconded by Director Weeks, and adopted I 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 Jones and Hess, Mayor Benafield,and Director Weeks - total 4; Noes - Director Hubbell - total 1; Absent - Directors Bussey and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. Resolution No. 7,034 was the next presentation, with the title being: A RESOLUTION ACCEPTING BID AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT ' FOR THE PURCHASE OF TRAFFIC SIGNAL LAMPS; (1,200 135 -Watt Lamps - prive $2,221.44) and said Resolution was read in full, and thereafter adopted upon motion of Director i Hubbell, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Jones and Hess, Mayor,Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Introduced at this time was Resolution No. 7,035, entitled: RESOLUTION IN MEMORY OF WERNER C. KNOOP, FIRST MAYOR UNDER THE CITY MANAGER FORM OF GOVERNMENT, PRESIDENT OF THE LITTLE ROCK SCHOOL BOARD, PRESIDENT OF THE BOARD OF TRUSTEES OF LITTLE ROCK JUNIOR COLLEGE, PRESIDENT OF THE GREATER LITTLE ROCK CHA14BER OF COMMERCE, AND ONE OF THE STATE'S MOST CIVIC MINDED CITIZENS, WHO DIED JULY 31, 1983; and the Resolution was read in its entirety. A motion was then made by Director ` Hubbell, seconded by Director Jones, which resulted in a roll call vote whereby the ' Resolution was adopted by the following vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Consideration was then given to Ordinance No. 14,483, described as: AN ORDINANCE PURSUANT TO ACT 543 OF 1983 PROVIDING RULES FOR THE SELECTION OF NON - UNIFORM CIVIL SERVICE EMPLOYEES FOR CITY EMPLOYMENT AND PROMOTION; I and said Ordinance was read the first time, followed by a motion whereby the rules I were suspended to allow for the second reading of the Ordinance. The motion was made by Director.Hubbell, seconded by Director Jones, 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. The Ordinance was then read the second time. There was an ensuing motion by Director Hubbell, again seconded by Director Jones, tha• 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 Ordi- nance. The passage of the Ordinance was then submitted to an Aye and No Vote, X13 JULY 19, 1983, Cont'd. I which resulted as herein recorded: Ayes - Directors Jones, Hess, Mayor Benafield � and Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. It was then announced that the Ordinance had PASSED. Resolution No. 7,036 was next presented, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SETTLE THE CASE OF JOYTHI ROA McMINN V. CITY OF LITTLE ROCK; 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 - Directors Jones, Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. The last matter to be presented was Resolution No. 7,037, with the title being:. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SETTLE THE.CASES OF EMERSON V. CITY OF LITTLE ROCK, HOLMES V.-CITY OF LITTLE ROCK AND ROBERTS V..CITY OF LITTLE I ROCK; I and there was a complete reading of the Resolution after which a motion by Director Hubbell, seconded by Director Weeks, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Jones and Hess, Mayor Benafield, I Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and I Shackelford - total 2. There being no further business to be presented, it was moved by Director I Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 8:10 o'clock P. M., and that.the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday, August 2, 1983. ATTEST: APPROVED: C it y Clerk Jane Czech Mayor J. W. Benafield I I 414 Board of Directors Chamber Little Rock, Arkansas August 2, 1983 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Hubbell and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows: i The Invocation was given by Director Hess. The Consent Agenda was the first presentation, consisting of the following items: i (a) The reading of the Minutes of the previous meeting held July 19, 1983. (b) Resolution No. 7,038, entitled: A RESOLUTION RECOGNIZING AND COMMENDING MRS. NANCY WOOTEN FOR HER TWENTY -EIGHT YEARS OF DEDICATED SERVICE TO THE CITY OF LITTLE ROCK. By motion from Director Hubbell, seconded by Director Weeks, 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 were approved as written and summarized to the members of the Board of Directors; and (b) Resolution No. 7,038 was read in full and adopted by the following roll call vote: .Ayes - Director Hess, Mayor Benafield, Directors Weeks, Hubbell and Jones - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Under Citizen Communications Mr. A. C. Dean, 13403 Vimy Ridge:Road made a plea for better police protection with shorter response time, in the area of southwest Little Rock. Mr. Dean, who with his wife was robbed and abducted from their home July 22nd by two masked gunmen. He complained that it took the police twenty -five minutes to respond after they were freed by the robbers, and said the case shows that a police substation is needed -in southwest Little Pock. Mr. Dean requested that a meeting be held in the southwest sector to hear from residents who feel the area was annexed just to increase Little Rock's tax base. Mayor Benafield advised that a ' meeting will be worked out and everything possible will be done to improve the situation. Director Shackelford was enrolled. At this time, Mayor Benafield announced the opening of the public hearing set for this time and place to hear Zoning Appeal (Z- 4012), from Attorney Michael A. Skipper for James and Mildred Huntsman, to rezone 7900 West Capitol Avenue, described as Lot 1, Sunnymeade Addition to the City of Little Rock, from "R -2" Single- family District to "0 -3" Office District. Mr. Skipper had filed return receipts of notification to, objecting property owners as required by ordinance, with the City Clerk. The Planning Commission denied the request on May 24, 1983. Mrs. E. L. Long, 406 Sunnymeade Drive i spoke in opposition to the proposal and asked the Board to deny the rezoning. There were no other speakers, the public hearing was declared closed, and a proposed ordinan to rezone the property was presented, entitled: ' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7900 WEST 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; and said Ordinance was read the first time; after which there was a motion by Director AUGUST , Coat Hubbell, 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 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 and seconded by Directors Hubbell and Weeks, respectively, 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 follows: Ayes - None; Noes - Director Hess, Mayor Benafield, Directors i Weeks, Shackelford, Hubbell and Jones - total 6; Absent - Director Bussey - total 1. Whereupon, it was announced that.the Ordinance had FAILED TO PASS. Director Bussey was enrolled. Zoning Appeal (Z -4016) was the next presentation from Attorney Andrew L. Clark for Jim Spears, requesting 7600 South University Avenue, described as Lots 13, 14, 15 & 16, J. 0. Dickey Subdivision, be rezoned from "R -2" Single- family and "C -3" General Commercial Districts to "C -4" Open Display District. The Planning Commission denied the request on May 24, 1983. Mayor Benafield declared the public hearing open which was set for this time and place to hear the appeal. Mr. Clark spoke briefly to the Board of Directors and requested approval for "C -4" Open Display Zoning. He filed copies of letters of notification sent to objecting property owners with the City Clerk. Ms. Pat Baldridge, 9 Wanda Lane cited increased traffic if the rezoning is granted adding: "we do not want commercial zoning on our residential street." Ms. Mary Carman, 7619 Denise Drive said her property would be directly behind Mr. Spears business, pointing out that a petition containing over 100 signatures was filed with the Planning Commission opposing this rezoning. She asked that the appeal be denied. There was no further discussion, the public hearing was declared closed, and the proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7600 SOUTH UNIVERSITY 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; which Ordinance was read the first time. A motion followed by Director Hubbell and 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 member I 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, again 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 time, and there was an Aye and No Vote taken on the question, Shall the ' Ordinance Pass, with the results recorded as follows.: Ayes - None; Noes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Absent - None. Therefore, it was announced that the Ordinance had FAILED TO PASS. 41 u AUGUST 2, 1983, Cont'd. Introduced next was Ordinance No. 14,484, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 11800 VIMY RIDGE ROAD, VIMY RIDGE CHURCH OF JESUS CHRIST, (Z- 4041), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; , (To be used for church and related activities in "R -2" Single - family District. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised additional right -of- way had been dedicated.) which Ordinance was read the first time. A motion followed by Director Bussey, 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 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, seconded by Director Weeks, 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 ' with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Director Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. i It was announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,485, containing the following caption: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A•SHORT FORM "PCD" DISTRICT TITLED (Z- 4042), MARKHAM HEIGHTS PROFESSIONAL PARK IN THE CITY OF i i LITTLE ROCK, ARKANSAS, A14ENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Bussey, 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. Ther was a second reading of the Ordinance, followed by a subsequent motion made and second) , ed by Directors Hubbell and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the third and last reading of -the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,486 was next presented, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE 300 BLOCK OF SOUTH OAK STREET, OAK STREET DUPLEXES, (Z- 4044), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for two duplexes in "R -3" District - Nathaniel Griffin, Director of Comprehensive Planning of had been filed.) ' advised replat property with there being a first reading of the Ordinance. A motion followed from Director Bussey, seconded by Director Hubbell, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by I AUGUST 2, 1983, Cont'd. members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hubbell 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Presented at this time was Ordinance No. 14,487, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1320 BROOKWOOD DRIVE, BROOKWOOD DRIVE MINI - WAREHOUSE, (Z- 4045), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for office /warehouse and mini - warehouse in "C -3" District. - Landscape ' plan submitted as stated by Nathaniel Griffin, Director of Comprehensive Planning.) and the Ordinance was read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Bussey, 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. Ther was a second reading.of the Ordinance, followed by a subsequent motion made and second) ed by Directors Hubbell and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was then declared PASSED. Ordinance No. 14,488 was next presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1003 NORTH TYLER, HOLY SOULS (Z- 4046), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for church and related activities in "R -2" Single - family District.) and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Hubbell, 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 Hubbell and seconded by Director Weeks, to suspend the.rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Y 41 AUGUST 2, 1983, Cont'd. The last Zoning Matter to be considered was Ordinance No. 14,489, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A LONG FORM "PRD" DISTRICT TITLED (Z- 4047), BRIGHTWATER APARTMENTS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; , AND FOR OTHER PURPOSES; (Tract A -2, Riverdale Addition to the City of Little Rock) and there was a first reading of the Ordinance. Ms. Connie Barron, a resident of Round River Condominiums at 2520 -1 Riverfront Drive had questions concerning screening and security. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the site plan calls for a six foot cedar fence, the swimming pool had been moved to the interior of the project and the issues required by the Planning Commission had been addressed. Upon question by Director Hess, Mr. Griffin stated the density is unusual, but the Staff endorses the multi - family increase. Mr. Larry Martin representing the Wengroup Riverdale Corporation stated a commitment had been made to build a six foot, double sided, continuous cedar fence, to landscape very heavily on the side of Ms. I Barron's property and that there will be security guards on the project, but not I twenty -four hour coverage; however, he could not promise any person is secure all the time. There was no further discussion and.a motion followed by Director Bussey, seconded by Director Hess, 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, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being iecorded as herein described: Ayes - Director Hess, Mayor Benafield, Directors i Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. , Director Jones was excused. Ordinance No. 14,490 was the next presented, containing the following heading: AN ORDINANCE ESTABLISHING OLD TOWN CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3 OF THE-CITY OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; with there being a second reading of the Ordinance. The public hearing was held on July 5, 1983 with the first reading of the Ordinance occurring on July 19, 1983. Mr. M. P. Ray, Jr., assistant counsel for National Old Line Insurance Company who owns a parking lot within the district continued to object, saying: "we should not be included." Mr. James Buttry, attorney for the formation of the district said it is very difficult to form an improvement.district with unanimous approval, but that signatures were obtained from property owners of over 2/3 of the assessed value. Mr. Graham Catlett, another attorney for the district, stated this improvement , district will be of great benefit to the City of Little Rock, advising that over 80% of the property owners signed the petition which is well above the - requirement and that there is now only.one objector to the district. Upon question by Mayor Benafiel Mr. Catlett advised that Mr. B. G. Coney is not affiliated with the district. AUGUST 2, 1983, Cont'd. Mr. James Larrison representing his wife who is a property owner within the district, was the last person to address the issue. He requested that a commitment in writing of the intentions of the developers be prepared for review by his attorney. Director Mr. Larrison to this commitment. Hubbell then asked Mr. Catlett to work with satisfy There was no further discussion and a motion was made by Director Hubbell, seconded by Director Weeks, to suspend the rules and place the ordinance on third and final reading The motion was adopted by unanimous vote of the members of the Board of Directors present being 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 followed after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as herein recorded: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Mayor Bene- field then announced that the Ordinance had PASSED. Director Jones was re- enrolled. A public hearing had been scheduled for this time and place on the authorization of a Memorandum of Intent by and between the City of Little Rock, Arkansas, and ' - Quality Foods, Inc., pertaining to the issuance of Industrial Development Revenue Bonds in the amount of $2,500,000 for financing the costs of acquiring, constructing and equipping industrial facilities. Mayor Benafield declared the public hearing open and when no one appeared to address the issue, the hearing was declared closed and Resolution No. 7,039 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND QUALITY FOODS, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A motion was then made by Director Hubbell, seconded by Director Weeks, which resulted in a roll call vote whereby the I Resolution was adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent -'None. A public hearing and Resolution had been placed on the agenda authorizing a Memorandum of Intent by and between the City of Little Rock and Leader National Financial Services, Inc, pertaining to the issuance of Industrial Development Revenue Bonds. Mr. E. Jack Murphy, Director of Finance and Administration advised that the financial statement from Leader National had not been received, therefore the matter was deferred until the statement is received by Mr. Murphy. A proposed Ordinance was considered at this time, with the title being: AN ORDINANCE APPROPRIATING AN ADDITIONAL SUM OF $19,729 FOR METROPLAN AND AMENDING THE 1983 BUDGET ACCORDINGLY; and the Ordinance was read the first time. A lengthy discussion evolved regarding the request for an additional appropriation since the 1983 Budget for Metroplan included a 7% increase. Mr. Jason Rouby, Executive Director of Metroplan explained that the requested appropriation represents $4,000 of the base and more than $15,000 to make up for the loss of federal grant money in late 1982. City Manager Susan Fleming advised there was apparently confusion in that former City Manager Mahlon Martin, had authorized that Metroplan's monthly budget be paid at a rate equal to the amount including the additional money and that the matter would subsequently be brought before the Board. After discussion, the rules were then suspended to provide for the second 42CIIJ III AUGUST 2, 1983, Cont'd. reading of the Ordinance by a motion made by Director Shackelford, seconded by Directo• Hess, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more,of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by ' Directors Shackelford and Hess, respectively, to further suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordi- nance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield - and Director Bussey - total 2; Noes - Directors Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - None. Therefore, it was declared that the Ordinance had FAILED. Ordinance No. 14,491 was next presented, described as: AN ORDINANCE APPROPRIATING $17,652.00 FOR STEPPING STONE, INC.; with there being a first reading of the Ordinance appropriating $21,000.00. Mr. Tom Wittenberg representing Stepping Stone, Inc. spoke to the Board requesting a one time funding to allow the agency which works with delinquent youths, to be eligible for matching federal funds. Many of the youths are referred to Stepping Stone from the courts and other criminal justice agencies due to the closure of the County's Juvenile Justice Center. He said 58 percent of 700 of these young people are from Little Rock. When asked how much Pulaski County had contributed for Stepping Stone, Mr. Wittenberg stated the County appropriation was $17,652. Mayor Benafield then made a motion, seconded by Director Hess, that the Ordinance be amended to appropriate $17,652 for Stepping Stone, Inc. The motion was adopted by unanimous voice vote of the seven Directors present. With the motion having been adopted, there was a subsequent motion by Director Hubbell, seconded by Director Weeks, 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. The Ordinance, as amended, was subsequently read the second time resulting in a motion ' again made by Director Hubbell 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, as amended. There was an Aye and No Vote taken on the passage of the Ordi- nance, as amended, as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There! fore, it was declared that the Ordinance, as amended, had PASSED. Consideration was then given to Ordinance No. 14,492, entitled: AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 13,554 ON ATTENDANCE POLICY FOR BOARDS AND COMMISSIONS;' with the first reading of the Ordinance having occurred on July 5, 1983. Director ' Hubbell made a motion, seconded by Director Jones, that Section 1 of the Ordinance be amended to include Exhibit II which had been previously discusses by Board Members as follows: "SECTION 1. That Section 3 of Ordinance No. 13,554 of the City of Little Rock 1114121 AUGUST 1983, Cont I is hereby amended to read as follows: 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 member submits in writing his desire to remain on the Board of Commission, then the City Board of Directors, by a majority vote, shall allow the member to continue to serve. Provided, any Board or Commission of the City.of Little Rock, except the Civil Service Commission, Planning Commission and Board of Adjustment, each of which hears regularly scheduled petitions from the public, may submit its own attendance policy in writing to the City Board of Directors. If the City Board approves the policy by a majority vote, that Board or Commission shall then be exempted from the provisions of this ordinance." The motion was unanimously adopted by voice vote of the Board Members present and the second reading of the Ordinance, as amended, followed. There was a motion made by Director Hubbell, seconded by Director Weeks, for a further suspension of the rules to permit the third and final reading of the Ordinance, as amended, at this time which motion was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the Board of Directors - elect. The third and last reading of the Ordinance, as amended, resulted in an Aye and No Vote taken on the passage of the Ordinance, as amended, and described as follows: Ayes - Director Hess, Mayor Benafiel ' Director Weeks, 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, as amended, together with the Emergency Section,.was declared PASSED. The next matter to be presented,was Ordinance No. 14,493, containing the following caption: AN ORDINANCE ADOPTING THE CRIMINAL LAWS AND CRIMINAL PROCEDURE, EXCEPT SUCH AS INVOLVE FELONIES, OF THE STATE OF ARKANSAS, IN PARTICULAR ACTS 549 AND 918 OF 1983; I with the Ordinance being read the first time. A motion was then made by Director Hubbell, seconded by Director Hess, 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 a second reading of the Ordinance ensued. There was a motion by Director Hubbell, seconded by Director Weeks, 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 - Director Hess, Mayor Benafield, Director Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Under "H" Routine Business, Mr. Muskie Harris, Chairman of the Central High CDBG Neighborhood spoke to the Board regarding a zoning plan for that area which is bounded by High Street, Wilbur,Mills Freeway, Rock'Island Railroad and Roosevelt Road. He requested that a sixty -day or six -month zoning moratorium be declared. Mayor Bena- field asked City Manager Susan Fleming to meet with the Staff in an effort to work out Will a plan regarding this request. 42 AUGUST 2, 1983, Cont'd. Ms. Octavia Dooley, 1708 Marshall Street complained about crime in her neighbor- hood and requested better law enforcement in the area of 17th and 18th Streets, Marshall and Wolfe.Streets. Mayor Benafield requested that City Manager Susn Fleming , determine if something can be done to alleviate the problem. The last matter to be considered was Resolution No. 7,040, entitled: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS;_. (Advertising & Promotion - Ernestine M. Townes; City Beautiful Commission- James A. Vines; Civil Service Commission - Reeves E. Ritchie; Historic District Commission - William Kennedy; Central Arkansas Library System - Lee Gordon; PIC Council, Private Sector - Pricilla Watts; Port Authority - Letty McAdams; Sewer Committee - Woodson Walker; Safety Commission - George Bowman and David Elms, Jr.) and there was a complete reading of the Resolution. A motion then followed by Director Bussey and seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: I Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. With there.being no further business to be presented, it was moved by Mayor Benafield, seconded by Director-Weeks, and unanimously carried that this meeting ' be adjourned at 9:15 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, August 16, 1983 at 7:00 o'clock P. M. ATTEST: Rjy(,L/ CO APPROVED: ..� i I City Clerk Jane Czech Mayor J. W.:Benafield i iC i( iC is .. i1 .. : 1C is .: .. I I • I I �� 23 Board of Directors Chamber Little Rock, Arkansas I August 16, 1983 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7 :00 o'clock P. M. with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess; Weeks, Bussey and Hubbell - total 4; Absent - Director Shackelford and Vice Mayor /Director Jones - total 2. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The meeting was opened with the invocation'given by Mayor Benafield. The Consent Agenda was the first presentation consisting of the following items: (a) The Minutes of the previous meeting held August 2, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1983. (c) The 1982 Financial Report of the Central Arkansas Library System. (d)' Resolution No. 7,041, entitled: ' i A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF THE ALLEY IN BLOCK 2, FULTON'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (e) Resolution No. 7,042, with the title being: A RESOLUTION APPROVING THE FISCAL YEAR 1984 JOB TRAINING PLAN RECOMMENDED BY THE PRIVATE INDUSTRY COUNCIL FOR THE LITTLE ROCK SERVICE - DELIVERY AREA. (f) Resolution No. 7,043, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND IN -HOUSE COMMUNICATION EQUIPMENT MAINTENANCE CONTRACTS WITH MOTOROLA, INC., AND I CENTRAL ARKANSAS COMMUNICATIONS, INC. (g) Resolution No. 7,044, containing the following caption: A RESOLUTION AUTHORIZING DEDICATION TO THE PUBLIC OF A PORTION OF THE PLEASANT VALLEY WATER TREATMENT PLAN'(PROPERTY FOR THE EXTENSION OF i ROCKY VALLEY DRIVE. By motion of Director Hubbell, 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 meeting were approved as written and summarized to the members of the Board of Directors; (b) The comparative Statement of Income Account of the Municipal Water Works was received and filed; (c) The 1982 Financial Report of the Central Arkansas Library System was received and filed; and (d, e, f & g) Resolutions No. 7,041, 7,042, 7,043 and 7,044 were read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Hubbell and Hess - total 5; Noes - None;' Absent - Directors Shackelford and Jones - total 2. Directors Shackelford and Jones were enrolled. The following applications for rezoning were presented at this time, as approved by the Planning Commission on July 26, 1983: Z -4051 - From J. E. Hathaway for Trinity Episcopal Cathedral to rezone 8210 Baseline Road, described as Lot 33B, Triangle Properties Industrial, from "R -2" Single - family District to "I =2" Light Industrial District. I� 42 AUGUST 16, 1983, Cont'd. Z -4053 - From Lewis H. Jarrett to rezone 2000 West 12th Street, described as the East 53' of Lots 7, 8 & 9, Block 18, Marshall & Wolfe's Addition to the City of Little Rock, from "R -4" Two - family District to "C -3" General Commercial District. , Z -4054 - From Jack W. Ulmer, Jr. for Troy B. and Kitty L. Braswell to rezone 8302 Baseline Road (long legal description), from. "R -2" Single - family District to "I -2" Light Industrial District. As there was no one present in.opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,494 as follows) There was presented Ordinance No. 14,494, 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; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, 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 again made by Director ' Hubbell, seconded by Director Weeks, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Mayor Benafield, Directors Week Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,495, with the.title'being: AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF.TEMPORARY AIRPORT REVENUE BONDS PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Not to exceed $1,500,000) and said Ordinance was read the first time, followed by a motion by Director Hess, ' seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The notion 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 member 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 Weeks, seconded by Director Bussey, and unanimously adopted by the 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 read the third and last time and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Benafield, Directors Weeks,,Bussey, Shackel ford, Hubbell, Jones and Hess - 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 - Mayor Benafield, Directors , Weeks, Bussey, Shackelford, Hubbell, Jones and Hess,- total 7; Noes - None; Absent - None. Whereupon, the Ordinance together with the Emergency Section, was declared PASSED. J �,25 AUGUST 16, 1983, Cont'd. Ordinance No. 14,496 was considered at this time, described as: AN ORDINANCE REALLOCATING AND APPROPRIATING FUNDS FOR THE JOHN BARROW ROAD IMPROVEMENT PROJECT; and said Ordinance was read the first time; after which there was a motion by Director Hess, 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 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, d motion was 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 and seconded by'Directors Weeks and Bussey, respectively, 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 result- ing vote being recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Ordinance No. 14,497 was presented, containing the following title: AN ORDINANCE AMENDING THE SIGN ORDINANCE TO PROVIDE FOR A 24 -HOUR NOTICE FOR COMPLIANCE IN THE CASE OF REPEAT OFFENDERS; with the Ordinance being read the first time. The rules were then suspended'to provid for the second reading of the Ordinance, by a motion by Director Hubbell, seconded by Director Weeks,'and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made'and seconded by Directors Hubbell and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,498, entitled: AN ORDINANCE AMENDING SECTION 13 -9(C) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; TO PROHIBIT SMOKING IN BUSES PROVIDING PASSENGER TRANSPORTATION SERVICE UNDER FRANCHISE BY THE CITY; and there was a first reading of the Ordinance. Ms. Charlotte Wallace, and Dr. Raymon Read, Chief of Surgery at the Veterans Hospital, representing Group to Alleviate Smoking Pollution (GASP), spoke in support of the Ordinance and urged the Board of Directors to vote for its passage. A motion was then made by Director Hubbell to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Shackelford and unanimously adopted by the Board Members present, being in two- thirds Board seven number and or more of the members of the of Directors - elect; and a second reading of the Ordinance ensued. There was a motion made by Director Shackelford, seconded by Director Weeks, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time, which motion lit lit- V 42q il jj� AUGUST 16, 1983, Cont'd. 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 - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. A discussion item had been placed on the Agenda regarding Resolution No. 6,963 adopted April 5, 1983 which authorized the City Attorney's Office to file the necessary condemnation suits to acquire lands on the East Bank of Rock Creek between Boyle and Kanis Parks. Mr. R. F. Toll and several property owners along Rock Creek were present who stated they were not aware of the matter at the time the Resolution was adopted. A general discussion was held in which the Board of Directors instructed Mr. E. Jack Murphy, Director of Finance, Mr. Julius Breckling, Director of Parks and Recreation, and Mr. Bill Davies, Director of Public Works, to meet with Mr. Toll and the other property owners in an effort to negotiate an agreement or settlement. In the event an agreement can not be reached, they were requested to bring the matter back to the Board of Directors to hear both sides of the issue. ' The last matter to be presented was Resolution No. 7,045, with the title being: A RESOLUTION PROCLAIMING THE BOARD OF DIRECTORS THE OFFICIAL_GODPARENTS OF EDWARD DAVIDSON "TEDDY" FLEMING, BABY SON OF SUSAN B. FLEMING, CITY MANAGER AND ATTORNEY VICTOR A. FLEMING; and there was a complete reading of the Resolution. A motion then followed by Director Bussey and seconded by Director.Weeks, that the Resolution be adopted. A roll call t was taken and the Resolution subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. With there being no further business to be presented, it was moved by Director Bussey, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 7:25 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, September 6, 1983 at 7:00 o'clock P. M. ' ATTEST: APPROVED: `��� I City Clerk Jane Czech Mayor J. W. Benafield . i I I I i Board of Directors Chamber Little Rock, Arkansas September 6, 1983 - 7:00 P. M. I The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess, Weeks, Hubbell and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Weeks. it The first presentation was the Consent Agenda including the following items: , i (a) The Minutes of the previous meeting held August 16, 1983. (b) Resolution honoring Edwin Lake, Voluntary Auxiliary Police Officer. (c) Resolution No. 7,046, entitled: i A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ' AWARD CONTRACTS FOR THE PURCHASE OF POLICE UNIFORMS AND AN ASPHALT MELTING KETTLE FOR THE PUBLIC WORKS DEPARTMENT. (d) Resolution No. 7,047, with the title being: A RESOLUTION SETTING THE DATE OF SEPTEMBER 20, 1983, FOR A PUBLIC HEARING ON THE DOWN- ZONING OF PROPERTY LOCATED AT 1602 ABIGAIL STREET FROM "C -3" COMMERCIAL DISTRICT TO "R -2" RESIDENTIAL DISTRICT. (e) A Motion setting the date for public hearing on September 20, 1983, on Zoning Appeal Z -4050, to rezone 209 -211 North Summit Street, described as Lot 3, Selam Replat of the E. 141' of Block 9, Worthen Subdivision, from "R -4" Two - family to "R -5" Urban Residence District. ' By motion of Director Jones, 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 members of the Board of Directors; (b) The Resolution honoring Edwin Lake was deferred until September 20, 1983; (c & d) Resolutions No. 7,046 and 7,047 were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2; and (e) Motion was made and adopted to set date for public hearing on September 20, 1983, to hear Zoning Appeal Z -4050 to rezone 209 -211 North Summit Street. (Note: Re. (d) In order to comply with the Zoning Ordinance legal requirements, public hearing cannot be held until October 4, 1983.) Under Citizen Communications, a large group of Little Rock Firemen attended the Board Meeting to support a petition (filed with the City Clerk) requesting the Board of Directors to reconsider a special mid -year raise, which the firemen believe is not high enough (1.7% retroactive to July 11th). Bill Lundy, president of Local 34, International Association of Firefighters, presented the petition bearing 263 sig- natures of firemen who feel the special raise, designed to bring their salaries up to par with comparable size cities over a two -year period, is not enough. Mr. Lundy contended that the compensation data accummulated by a consulting firm was not interpreted correctly. At the conclusion of the presentation, Mayor Benafield re- commended to Mr. Lundy that the process continue and referred the matter to the City 42��j �j SEPTEMBER 6, 1983, Cont'd. Manager by going to Acting City Manager Charles Nickerson, in the absence of City Manager Susan Fleming who is on maternity leave. Director Hess told Mr. Lundy, "we want you to know we will stand behind our promises." Mr. Cecil H. Higgins, 1728 North Moss Street, North Little Rock, Arkansas, again , presented (See Minute Record A -7, Page 385) a sketch and proposal for the construction of a sports arena which he said could be constructed with tax free bonds. No action was taken. Zoning Petition (Z -4043) from R. W. Butler was the next presentation. The application requested the rezoning of 1.5 acres located at 4115 South University Avenue, described as Lot B, Village Center Subdivision, from "C -3" General Commercial District to "MF -24" Multi- family and "OS" Open Space Districts,'as approved by the Planning Commission on August 15, 1983. There was no opposition presented and Ordinance No. 14,499 was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED WITHIN AND ADJACENT TO THE VILLAGE SHOPPING CENTER AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. The rules were then suspended to allow for the 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 five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Hubbell, seconded by Director Jones, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect; therefore, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein recorded: Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5; Noes - None;' Absent - Directors Bussey and Shackelford - total 2. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,500 was next presented, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4100 ' LUDWIG (Z- 4055), ROSEDALE CHURCH OF GOD IN CHRIST, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For Church expansion in "R -3" District) with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Jones, 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 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, with an ensuing motion then being made by Director Hess 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 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, resulting`in the following Aye and No Vote taken on the passage of the Ordinance: , Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. J �g SEPTEMBER 6, 1983, Cont'd. The next matter to be considered was Ordinance No. 14,501, containing the following caption: AN ORDINANCE ESTABLISHING THE ARENA FACILITIES COMMISSION; AND APPOINTING MEMBERS; (Members appointed: Webb Hubbell, Lottie Shackelford and Gale F. Weeks) 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 i present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hubbell and again seconded by Director Jones, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Weeks, Hubbell, Jones, Hess I and Mayor Benafield - total 5; Noes - None; Absent - Directors Bussey and Shackel- ford - total 2. It was then announced that the Ordinance had PASSED. I Ordinance No. 14,502 was the next presentation, described as: AN ORDINANCE APPROPRIATING $80,000.00 OF THE LITTLE ROCK RESIDENTIAL HOUSING BOARD TURNBACK MONIES FOR THE ARENA FACILITIES COMMISSION; with the Ordinance being read the first time. A motion was then made by Director i Hubbell, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion again made by Director Hubbell, 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 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 recorded as follows: Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5; Noes - None; Absent - Directors Bussey and Shackel- ford - total 2. The Ordinance was then declared PASSED. Resolution No.'7,048 was introduced, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR VARIOUS STREET REPAIR PROJECTS; (Contract to Heavrin Construction Company - $94,370.00) and the Resolution was read in its entirety. A motion was then made by Director Hess, seconded by Director Hubbell, which resulted in a roll call vote whereby the Resolution i was adopted by the following vote: Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. I Resolution No. 7,049 was then presented,'with the title being: A RESOLUTION AUTHORIZING THE FINANCE OFFICER TO MAKE INVESTMENTS WITH FIRST ' AMERICAN NATIONAL BANK; and after a complete reading of the Resolution, there was a motion by Director Hess that the Resolution be adopted. The motion was seconded by Director Hubbell and the Resolution adopted by the following roll call vote: Ayes - Directors Weeks, Hubbell, Jones, Hess and Mayor Benafield - total 5• Noes - None; Absent - Directors Busse 43 SEPTEMBER 6, 1983, Cont'd. and Shackelford - total 2. Director Shackelford was enrolled. I A public hearing had'been scheduled for this time and place on establishing meter rates for taxicab service in the City of Little Rock; providing specifications for ' taximeters; rules for the use of taximaters; and enforcement of such specifications and rules. Mayor Benafield then declared the public hearing open, with Mr. Art Pfeifer being the first to address the issue. Mr. Pfeifer attended the Staff briefing on the provisions of the Ordinance and stated it is a great step in the right direc- tion. Speaking for the Little Rock Chamber of Commerce, he urged passage of the Ordinance. Mr. Willie Scott, an independent driver, said he felt the City should furnish meters on trial and did not favor share rides. Mr. James Rodgers, Manager of the Little Rock Municipal Airport said the ordinance is a fair and equitable taxi service for the entire City and thanked the Board Members and Staff for their efforts. Mr. Bob James of Black & White Cab Company was in agreement with the ordinance, but asked that consideration be given to the City purchasing the meters. Mr. Larry Carpenter representing Capitol Cab Company, addressed the various provisions of the ordinance he opposed. Mr. Adib A. W. Shaheed and Mr. Joe Leveque, both drivers, , spoke in opposition. With no further discussion, Mayor Benafield declared the public hearing closed and Ordinance No. 14,503 was placed on first reading and contained the following heading: AN ORDINANCE AMENDING ORDINANCE NO. 14,431; ESTABLISHING 14ETER RATES FOR TAXICAB SERVICE IN THE CITY OF LITTLE ROCK; PROVIDING SPECIFICATIONS FOR TAXIMETERS; ESTABLISH ING RULES FOR THE USE OF TAXIMETERS; AND PROVIDING FOR THE ENFORCEMENT OF SUCH SPECIFICATIONS AND RULES; 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 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 Hubbell, again seconded by Director Jones, to further suspend the rules and place the ordinance on third and final reading. The motion was unanimously ' adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors- elect.F;.There was a third and final reading of the ordinance after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,504, described as: AN ORDINANCE AMENDING ORDINANCE NO. 14,431; REDEFINING TERMS FOR THE REGULATION OF THE TAXICAB BUSINESS IN LITTLE ROCK; which Ordinance was read the first time. A motion followed by Director Hubbell, 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 31 SEPTEMBER 6, 19830 Cont'd. and final reading of the Ordinance at this time; with the motion being made by Director Jones, seconded by Director Hubbell, 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had PASSED. The next matter to be considered was Resolution No. 7,050, with the title being: A RESOLUTION AUTHORIZING THE LITTLE ROCK MUNICIPAL WATER WORKS TO ESTABLISH A RESERVE FUND FOR ADDITIONAL WATER SUPPLY RESOURCES PURSUANT TO ACT 542, ARK. ACTS OF 1983; and after a complete reading of the Resolution, there was a motion by Director Weeks that the Resolution be adopted. The motion was seconded by Director Hubbell and the Resolution adopted by the following roll call vote: Ayes - Directors Weeks, Shackel- ford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. Resolution No. 7,051 was the next presentation, entitled: A RESOLUTION ACCEPTING THE DEDICATION OF CERTAIN REALTY FOR THE FLOODWAY ADJACENT TO I -430 AND RODNEY PARHAM ROAD; (From John Sheffler, Dannis Z. Sheffler, and Louise B. Ellis) and there was a full reading of the Resolution. A motion then followed by Director Weeks and seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. Consideration was then given to Resolution No. 7,052, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS RADIO EQUIPMENT' (Red Cross - Civil Air Patrol - Pulaski County with Proviso) and said Resolution was read in full, and thereafter adopted upon motion of Director Hubbell, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. The last matter to be presented was Resolution No. 7,053, containing the following caption: APPOINTING DIRECTOR BOB HESS TO REPRESENT THE BOARD OF DIRECTORS ON THE SELECTION COMMITTEE FOR THE MIXED USE DEVELOPMENT PROSPECTUS; and the Resolution was read in its entirety. A motion was then made by Mayor Bena- field, seconded by Director Hubbell, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Bussey - total 1. I M 1H V 43 0 SEPTEMBER 6, 1983, Cont'd. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hess, and unanimously carried that this meeting be , adjourned at 8:15 o'clock P. M., and that the.Board of Directors convene again in regular session at 7:00 o'clock P. 11. on Tuesday, September 20, 1983. ATTEST: FAaa, APPROVED: City Clerk Jane Czech Mayor J. W. Benafield t �33 Board of Directors Chamber Little Rock, Arkansas September 20, 1983 - 7:00 P.M in The Board of Directors of the City of Little Rock, Arkansas met regular session with Mayor J. W. Benafield presiding and City Manager Susan Fleming, in the absence of City Clerk Jane Czech and Assistant City Clerk Robbie Hancock, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. i The Invocation was given by Director Bussey. The Consent Agenda was presented first, consisting of the following items: i (a) The Minutes of the previous meeting held September 6, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1983. (c) Motion to reschedule a public hearing on October 4, 1983, to downzone ' property located at 1602 Abigail Street, described as Lot 1, Block 15, Sidney J. Johnson Addition, from C -3 Commercial District to "R-3" Residential District. (Initiated through Board of Directors with Staff approval - Z -4096) (d) Resolution No. 7,054, entitled: A RESOLUTION EXPRESSING APPRECIATION TO EDWIN C. LAKE FOR HIS VOLUNTARY SERVICE TO THE CITY OF LITTLE ROCK AS AN AUXILIARY POLICE OFFICER. i (e) Resolution No. 7,055, with the title being: A RESOLUTION CONCERNING THE SOVIET UNION'S DESTRUCTION OF A CIVILIAN I AIRLINER ON AUGUST 31, 1983. (f) Resolution No. 7,056, described as: ` A RESOLUTION APPROVING THE 1984 PROGRAM RECOMMENDATIONS OF THE LITTLE ROCK PRIVATE INDUSTRY COUNCIL. (g) Resolution No. 7,057, containing the following title: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO ENTER INTO A SETTLEMENT IN DALEY, ET AL. V. FLEMING, ET AL. By motion of Director Hubbell, 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 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) Motion was made and adopted to reschedule the public hearing on October 4, 1983, to downzone property located at 1602 Abigail Street; and (d, e, f & g) Resolutions No. 7,054, 7,055, 7,056 and 7,057 were read in full and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director ' Weeks - total 7; Noes - None; Absent - None. Immediately following the approval of the Consent Agenda, Mayor Benafield presented Mr. Edwin C. Lake with an executed copy of the Resolution of appreciation for his volunteer service as a volunteer auxiliary police officer. 4 SEPTEMBER 20, 1983, Cont'd. Under Citizen Communications, Mr. Jim Pfeifer of 8315 Cantrell Road was present to respectfully request the Board's reconsideration of building a parking lot on the Riverfront adjacent to Riverfront Park for county employees. There were no questions ' or further discussion, and no others were present to speak at the time allotted for citizen communications. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 3454 -B - From Robert Lowe for Rock Venture to rezone 6.64 acres west of Stage- coach Road on the north side of Otter Creek Parkway, from "C -1" Neighborhood Comm ercial District to "MF -18" Multi- family District. Z -4062 - From Pat Morrison of Flake & Company, Inc. for J. A. McGaughey to rezone two acres on the east side of Hinson Loop Road approximately 1/2 block south of Hinson Road, from "R -2" Single - family District to "0 -3" General Office District. Z- 2458 -A - From Jack Burney for Burney -Neal, Inc. to rezone 5610 West 65th I Street (2.48 acres long legal description), from "C -3" General Commercial District to I "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. 14,505 as follows) Ordinance No. 14,505 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 the 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 prese 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 Hubbell, seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance after which an Aye and No Vote was taken on the passage of the Ordi- nance and resulted as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Zoning Application No. Z -4058 was the next presentation. The application was filed by Joshua Johnson to rezone the West 90' of Lot 11, Block 15, Industrial Park Addition to the City of Little Rock, Arkansas, located at the N/E Corner of East 10th Street at Selma Street, from "R -3" Single - family District to "C -1" Neighborhood Commercial District, as approved by the Planning Commission. The applicant was not present. Director Shackelford requested that discussion be held due to the fact that the Staff had recommended denial. Mr. Jim Lawson of the Department of Comprehensive Planning made a presentation in which he explained this would be spot zoning and ' intrusion into a residential area. Mr. Nathaniel Hill, Director of Human Resources was also opposed to_the rezoning. There was no further discussion and a proposed Ordinance was presented, entitled: 3S SEPTEMBER 20, 1983, Cont'd. AN ORDINANCE RECLASSIFYING THE WEST 90' OF LOT 11, BLOCK 15, INDUSTRIAL PARK ADDITION TO 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 to provide for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded by Director Jones, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Hess, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - None; Noes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Absent - None. Mayor Benafield then announced that the Ordinance ' had FAILED TO PASS. At this time, Mayor Benafield announced the opening of the public hearing set for this time and place to hear Zoning Appeal (Z- 4050), from Jim Stewart to rezone 209 - 211 North Summit Street, described as Lot 3, Selam Replat of the East 141' of Block 9, Worthen Subdivision to the City of Little Rock, from "R -4" Two- family District to "R -5" Urban Residence District. Mr. Jim Stewart, the applicant, stated that despite objections from several persons, there is adequate water pressure, that he is offering more parking than adequate for a proposed triplex, and that the additio of approximately 1,000 square feet would comply with all building codes. The Planning Commission had denied the application on July 26, 1983. Ms. Nancy Wilson of 2004 Lloyd Court presented opposition, but there were no other speakers, and Mayor Bena- field declared the public hearing closed. A proposed Ordinance to rezone the property was then presented, entitled: ' AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; and said Ordinance was read the first time, after which there was a motion by Director Hubbell, seconded by Director Hess, 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 and seconded by Directors Hubbell and Jones, respectively, 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 follows: Ayes - None; Noes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Absent - None. Whereupon, i it was announced that the Ordinance had FAILED TO PASS. ill TF_ 43EIj III SEPTEMBER 20, 1983, Cont'd. Resolution No. 7,058 was the next presentation, with the title being: A RESOLUTION ADOPTING RECOMMENDATIONS OF THE PLANNING COMMISSION FOR THE SOLUTION OF TRAFFIC PROBLEMS IN THE KINGWOOD ADDITION TO THE CITY OF LITTLE ROCK; and there was a full reading of the Resolution. Mary M. Richardson, 7104 Hillwood , Road, speaking for a group of Kingwood residents, asked the Board to close Overlook Drive as well as adopt the Planning Commission's proposals - short term proposals. She said the safety of the neighborhood should take precedence over "convenience and political expediency." The Kingwood residents contend that users of Murray Park are disrupting the neighborhood, which is north of Cantrell Road and west of Cammack Village. The park can be reached by turning north off Cantrell and winding along residential streets to Overlook, which connects with Rebsamen Park Road, the only road to Murray Park. The only other streets connecting with Rebsamen Park Road are two or three miles east. Mr. Marshall Gazette, a resident of 6924 Kingwood Road for seventeen years was opposed to closing Overlook Drive and filed a petition bearing the signatures of sixty -five residents who also oppose closing the street. Ms. Darcia Norwood speaking for Ms. Freda Drewelow, stated that should the Board of Directors elect to implement the traffic channelization plan, she would request that a circular ' driveway for Ms. Drewelow be included in the plan. Mr. A. F. Otten, 54 Overlook Drive, was in favor of the channelization program, but called closing Overlook Drive "absolutely ridiculous." He felt the best solution would be the extension of Rebsamen Park Road to I -430. Mr. Eugene R. Weinstein was the last speaker who favored closing Overlook Drive at the Lookout Point. A brief discussion followed among Board Members in which Director Jones made a motion, seconded by Director Hubbell, that Section 3 of Article II be amended to read; "Simulate temporary channelization at four inter- sections to provide better traffic movement and to discourage Murray Park patrons from traveling through the Kingwood area." The motion was unanimously adopted by voice vote of the Board Members present. In the discussion, Director Jones suggested that Article I read "to make the extension of Rebsamen Park Road to River Mountain Park a capital improvement goal" instead of a "high capital improvement priority ", which was not.adopfed. There was no further discussion and a motion then followed by ' Director Hubbell and seconded by Director Weeks, that the Resolution, as amended, be adopted. A roll call was taken and the Resolution, as amended, subsequently adopted by-the following vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. A public hearing had been scheduled by Resolution No. 7,041, with notice thereof duly published on September 7, 1983 and September 14, 1983, on the petition from Rosetta Chapman to vacate and close the East 81 feet of the alley in Block 2 of Fulton's Addition, running west off Spring Street, south of 18th Street one -half block which was sent to the Board of Directors by the Planning Commission without recommend- ation. Attached to the petition was a copy of the plat of Fulton's Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and Ms. Rosetta Chapman, the applicant presented reasons why she felt the portion of the alley should be closed, including ' increased traffic and crime. Mr. Bob Rochelle of 1821 Broadway was the only person opposing the alley closure. After discussion among Board Members with Staff input, Mayor Benafield declared the public hearing closed, and Ordinance No. 14,506 was presented, containing the following caption: 3r SEPTEMBER 20, 1983, Cont'd. I AN ORDINANCE VACATING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 2, FULTON'S I ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance, after which a motion was made by ' Director Hubbell to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hess 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, with the second reading of the Ordinance following. A motion was then made by Director Hubbell and seconded by Director Weeks, I which further suspended the rules and placed the Ordinance 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. There was a third and last reading of the Ordinance, which resulted in an Aye I and No Vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Directors Bussey, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - Director Shackelford - total 1; I Absent - None. The Ordinance was then declared to have PASSED. ' Presented for consideration at this time was a Petition from Hugh B. Patterson, Jr., Trustee under the Will of J. N. Heiskell; Arkansas Blue Cross and Blue Shield; HRW Realty, Inc. and HRW Realty Corporation; and The Commercial National Bank of Little Rock, Trustee of the Testamentary Trust under the Will of Vera Ross Gibson, for the formation of Capitol View Central Business Improvement District No. 4 of the City of Little Rock, Arkansas. The petitioners are property owners of Blocks 127, 128, 177 and 178, Original City of Little Rock, Arkansas. Included with the petition was an Abstractor's Certificate from Beach Abstract & Guaranty Company stating the petit -ion represents more than two- thirds in value of the owners of the said property, with the total assessed valuation being $2,134,690. As a public hearing had been designated for this time and place, with notice thereof having been duly published on September 5, 1983 and September 12, 1983, as required by Law, Mayor Benafield declared the public hearing to be open. There was no one present to oppose the formation of the improvemen district and the public hearing was declared closed, with Ordinance No. 14,507 being ' presented and entitled: AN ORDINANCE ESTABLISHING THE CAPITOL VIEW CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 4 OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; 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 Hess, 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. There was a second reading of the Ordinance, after which there was a subsequent motion made by Director Jones, seconded by Director Hubbell, to again suspend the rules and place the Ordinance on 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 Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Bussey, Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; I I ./ 431ll J�j SEPTEMBER 20, 1983, Cont'd. Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Ordinance No. 14,508 was the next presentation, described as: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF TAXIMETERS FOR LEASE, WITH , PURCHASE OPTION, TO TAXICAB OPERATORS AND FOR INFORMATIONAL SIGNS; DECLARING AN EMERGENCY; I and said Ordinance was read the first time. Mr. John Hall, President of Black & white Cab Company presented opposition to the Ordinance. He criticized Staff input in the Ordinance and stated that in the future, he hopes the City will allow Cab Companies to have more input in matters like this. He said, "you are not solving the cab matter you are destroying the cab business in the City of Little Rock." After his comments, there was a motion by Director Hubbell, 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. 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 Directo Shackelford, seconded by Director Hubbell, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Directors Bussey, Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - i None; 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 Bussey, Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance, together with the Emergency Section, had PASSED. A public hearing had been scheduled for this time and place on the proposal to increase the authorization of B H & G Properties to issue Health Care Revenue Bonds , in an amount not to exceed $2,060,000, instead of the $1,900,000 authorized by Ordinance No. 14,481. The purpose of the Bond Issue is to provide permanent financing I for medical facilities. No one spoke in opposition to the proposal and Mayor Bena- field declared the public hearing closed. Ordinance No. 14,509 was presented, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 14,481 OF THE CITY OF LITTLE ROCK, ARKANSAS, PASSED AND APPROVED JULY 19, 1983; AND DECLARING AN EMERGENCY; and there was a first reading of the Ordinance; after which a motion was made by Director Hubbell to suspend the rules and place the Ordinance on second reading. The 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, with the second reading of the Ordinance following. A motion was then made by Director Hubbell and seconded by ' Director Shackelford, which further suspended the rules and placed the Ordinance 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 member of the Board of Directors - elect. There was a third and last reading of the Ordinance, 11�39 SEPTEMBER 20, 1983, Cont'd. which resulted in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Directors Bussey, Shackel- ford, Hubbell, Hess, Mayor Benafield and Director Weeks - total 6; Noes - Director Jones - total 1; 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 Bussey, Shackel- ford, Hubbell, Hess, Mayor Benafield and Director Weeks - total 6; Noes - Director Jones - total 1; Absent - None. Whereupon, the Ordinance, together with the Emergenc Section, was declared PASSED. A public hearing had also been scheduled for this time and place on the proposal to authorize the entry into an agreement to issue Bonds for the purpose of assisting in the financing of an industrial facility within or near the City. The agreement would be for Fausett Development Company, Lasater Farms, Inc., and Pickens -Bond Construction Company (FLPB) to issue bonds up to $5,000,000 under the authority of Act 9 with all related actions and documents in conformity therewith. No opposition was presented and the public hearing was declared closed with Resolution No. 7,059 ' being presented, containing the following caption: 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 ASSISTING IN THE FINANCING OF AN INDUSTRIAL FACILITY WITHIN OR NEAR THE CITY; (FLPB Act 9 Bonds), and the Resolution was read in its entirety. A motion was then made by Director Hubbell, seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Bussey, Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Introduced at this time was Ordinance No. 14,510, described as: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE CONSTRUCTION OF THE OTTER CREEK FIRE STATION; (Contract to John Whitehurts, Inc. - $351,494.00) ' and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Hess, 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 Ordinance was then read the second time. There was an ensuing motion by Director Hess, again 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 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,herein recorded: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Another public hearing had been scheduled for this time and place on the matter of repealing Ordinances No. 14,062 and 14,087 of the Little Rock General Ordinances and Chapter Five (5) of the Little Rock Code of Ordinances, relating to emergency medical services and the regulation of ambulances operating within the City of Little if 4401 SEPTEMBER 20, 1983, Cont'd. Rock; and enacting a new Chapter Five (5). Mayor Benafield declared the public hearing open and Mr. Skip Davidson, Attorney for Medic -Vac was the first to speak. He spoke against the Ordinance saying, "what you have before you tonight is a complete , and radical change of the delivery of ambulance service in the City of Little Rock. It goes back to a final report which was issued in April, 1981 - that's where this Ordinance started over three years ago." Mr. Davidson further stated that the City could be subjected to anti -trust litigation if the Ordinance is passed, and that Board Members would be wrong to commit the City's treasury to guarantee a more than $2,000,000 debt that will be required for the model to operate. It was Mr. Davidson's opinion that it would be impossible for the ambulance utility to operate without any cost to the City. He said that until a few weeks ago, Medic -Vac had been under the impression that they would be the sole provider of service under the utility model, and that the City would buy their equipment and regulate them, but allow them to •continue to operate. City Attorney Jack Magruder responded by saying that Medic -Vac could certainly submit a bid when they are taken three to four months from now, but that the City had decided against offering an exclusive franchise and chose to allow a contract bid every three years. In closing his lengthy presentation, he asked that ' the Board of Directors consider voting "No" on the Ordinance. Mr. Bruce Primm, who has a nonemergency transfer service, was in agreement with Mr. Davidson's presentation adding, "you are taking our business from us without giving us compensation and we can not pay the $10.00 per -run fee to be paid to the Ambulance Authority. Mr. David Jones, Chairman of the Ambulance Authority, made a presentation in which he asked that the public utility model be adopted. He said the new system will provide: (1) Reasonable rates; (2) Reliable response time; (3) Clinical quality control; and (4) Zero per capita local subsidy. Mr. Jones also advised that the utility will offer $50.00 a -yea subscriptions to old and handicapped persons that would allow them unlimited emergency and transfer services. Upon question by Mayor Benafield, Mr. Jones feels the system will be self- sustaining. Dr. Marvin Lebovitch of the Baptist Medical Center said the ambulance utility would go far in providing better, more professional care to victims requiring emergency treatment. He added, "medical decisions will be made by physician,-' by radio." Ms. Georganne Lewis of 37 Clifton Drive, was concerned about the need for some allowance for non - emergency service. Dr. Patrick Osam, a member of the Emergency Medical Physicians Foundation, endorsed the public utility model and said the passage of the Ordinance will provide quality medical care for the citizens of Little Rock. Mr. Larry Lazenby of the Baptist Medical Center also, endorsed the utility idea. Afte lengthy discussion, Director Weeks moved that the public hearing be closed. The motio was seconded by Director Shackelford and unanimously adopted.by voice vote of the Board Members present. Ordinance No. 14,511 was then presented, entitled: REPEALING ORDINANCE 14,062 AND 14,087 OF THE LITTLE ROCK CODE OF GENERAL ORDINANCES RELATING TO HEALTH AND SANITATION BY REPEALING CHAPTER 5 THEREOF ENTITLED, "AMBULANCES" AND ENACTING IN LIEU THEREOF A NEW CHAPTER 5 ENTITLED "AMBULANCE SYSTEM CODE "; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Jones, seconded by Director Weeks, 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 again made by Director �141 SEPTEMBER 20, 1983, Cont'd. Jones, seconded by Director Shackelford, that the rules again be suspended and the I Ordinance be placed on third and final reading. The motion was unanimously adopted ' by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye'and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes— None; Absent - None. Therefore, the Ordinance was declared PASSED. i Introduced next was Ordinance No. 14,512, with the title being: AN ORDINANCE APPROPRIATING $140,000 FOR START UP COSTS FOR THE AMBULANCE AUTHORIT ; and said Ordinance was read the first time, followed by a motion by Director Jones, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed I 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 member 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 Jones, 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 member 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,513, containing the following caption: AN ORDINANCE EXTENDING THE CURRENT OPERATION OF ALL EMERGENCY AND NON- EMERGENCY AMBULANCE OPERATIONS WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance; after which a motion was made by Director Jones to suspend the rules and place the Ordinance on second reading. 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, with the second reading of the Ordinance following. A motion was then made by Director Jones and seconded by Director Shackel- ford, which further suspended the rules and placed the Ordinance on third and final reading; with the motion being unanimously adopted by members of the Board of Director li 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 resulted I in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Therefore, Mayor Benafield announced that the Ordinance had PASSED. Resolution No. 7,060 was presented next, entitled: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LITTLE ROCK AMBULANCE AUTHORITY FOR THE IMPLEMENTATION OF LITTLE ROCK'S PUBLIC UTILITY MODEL ADVANCE LIFE SUPPORT PREHOSPITAL CARE SYSTEM; with said Resolution being read in full and thereafter adopted upon motion of Director Weeks, seconded by Director Jones, and the following roll call vote: (next page) 44 SEPTEMBER 20, 1983, Cont'd. -Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 7,061, described as: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARKA14SAS EMERGENCY PHYSICIANS' FOUNDATION, INC. FOR THE PROMOTION OF IMPROVEMENTS IN THE CLINICAL QUALITY OF EMERGENCY MEDICAL. SERVICES; and the Resolution was read in its entirety. A motion followed by Director Weeks and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes -,Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total ; Noes - None; Absent - None. The next matter to be considered was Ordinance No. 14,514, containing the following caption: AN ORDINANCE TO REPEAL CERTAIN SECTIONS OF THE CITY CODE OF ORDINANCES PERTAIN- ING TO PERSONNEL ADMINISTRATION; (Sections in Articles II and IV of Chapter 2) 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 Hubbell, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Shackelford, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, 'being seven in number and two- thirds or more of the members of the Board of Directors - elect, -and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. ' The last matter to be considered was Ordinance No. 14,515, with,the title being: AN ORDINANCE GRANTING A FRANCHISE FOR A SUBDIVISION IDENTIFICATION SIGN IN THE I PUBLIC RIGHT- OF- WAY.ON CORPORATE HILL DRIVE AT WEST MARKHAM; and after the first reading of the Ordinance, there was a motion by Director Hubbell, 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 again made by Director Hubbell to further suspend the rules and place the Ordi- nance 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 , Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. J �j 1 43 SEPTEMBER 20, 1983, Cont'd. moved b There being no further business to be presented, i t mo d y Director ' Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be recessed at 10:00 o'clock P. M., and that the Board reconvene on Wednesday, September 28, 1983 at 1:30 o'clock P. M., to discuss possible litigation. ATTEST: P4V-1 46& APPROVED: OUA I City Clerk Jane Czech Mayor J. W. Benafield I i * * * * * * * * * * * * i I I I I I I I I l� 44 Board of Directors Chamber I, Little Rock, Arkansas i September 28, 1983 - 1:30 P. M. ' The Board of Directors of the City of Little Rock, Arkanas, met in reconvened session from the September 20, 1983 Meeting with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Shackelford and Jones - total 4; Absent - Directors Bussey and Hubbell - total 2. Mayor Benafield declared that a quorum was present and the meeting proceeded as follows: City Attorney Jack Magruder requested the Board of Directors to consider employment of counsel for the Civil Service Commission in the matter of a petition filed by a number of police officers consisting of complaints about Police Chief Walter E. Simpson. He explained that he has a conflict of interest because, as City Attorney, he is supposed to represent the Commission, the Police Chief, the Board of Directors and the City Manager. He further stated that because of the officers' petition, a situation could arise where the question of who has the power to hire and fire the police chief becomes an issue. Some Civil Service Commissioners feel the Commission has ultimate authority over the Chief, but the City Board might feel differently. There was no further discussion and Resolution No. 7,062 was presented, entitled: A RESOLUTION APPROVING THE EMPLOYMENT OF COUNSEL FOR THE CIVIL SERVICE COMMISSION; (Attorney Mike Rainwater at a fee of $75.00 per hour) and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Hess, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Hess, Mayor Benafield, Directors Weeks, Shackel- for and Jones - total 5; Noes - None; Absent - Directors Bussey and Hubbell total 2. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Jones, and unanimously carried that this meeting be adjourned at 1:40 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M., on Tuesday, October 4, 1983. ATTEST: l7L6�YU `�" APPROVED: City Clerk Jane Czech Mayor J. W. Benafield I �45 Board of Directors Chamber I I Little Rock, Arkansas October 4, 1983 - 7:00 P. M. I The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:O0 o'clock P. M. with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The meeting was opened with the invocation given by Director Shackelford. The Consent Agenda was the first presentation consisting of the following items: (a) The Minutes of the previous meeting held September 20, 1983 and the reconvened meeting held September 28, 1983. (b) Motion to set the date for public hearing on October 18, 1983, on Zoning Appeal Z -4056, to rezone 7323 Mabelvale Cutoff, from "R -2" Single - family District to "C -3" General Commercial District. (c) Resolution No. 7,063, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR MICRO COMPUTERS FOR VARIOUS CITY DEPARTMENTS; FOR ROOFING REPAIRS TO #11 FIRE STATION; AND FOR LABOR AND MATERIALS TO CONSTRUCT THE EAST FOUNTAIN AT RIVERFRONT PARK. (d) Resolution No. 7,064, with the title being: A RESOLUTIO14 AUTHORIZING THE SALE OF LITTLE ROCK MUNICIPAL WATER WORKS PROPERTY TO THE CATHOLIC DIOCESE OF LITTLE ROCK. (Strip of land 50' wide being in the NE 1/4, NE 1/4, Section 5, T -1 -N, R -13 -W, containing 1.52 acres) N. side of Rock Creek Parkway 114 mile W. of Bowman Rd ) (e) Resolution No. 7,065, described as: i A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A SETTLEMENT AGREEMENT IN MELVYN BELL, ET AL. V. CITY OF LITTLE ROCK, ET AL. ' (f) Resolution No. 7,066, containing the following caption: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER TO DOYLE W. ROGERS AND JOSEPHINE RAYE ROGERS, A QUITCLAIM DEED TO THE NORTH /SOUTH ALLEY PLATTED IN BLOCK 81, ORIGINAL CITY OF LITTLE ROCK. By motion of Director Hubbell, seconded by Director Hess, 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 20, 1983 and the reconvened meeting held September 28, 1983, were approved as writen and summarized to the members of the Board of Directors; (b) Motion was made and adopted to set the date for public hearing on October 18, 1983, to consider Zoning Appeal Z -4056 to rezone 7323 Mabelvale Cutoff; and (c, d, e & f) Resolutions No. 7,063, 7,064, 7,065, 7,066 were read in full and adopted by the following roll call vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; ' Absent - Director Bussey - total 1. Under Citizen Communications, Mr. Charles Matthews, chairman of the Museum of Science and History Board of Trustees read a letter to Director Hubbell in which he explained that the Museum Board was only considering the location of a new facility in North Little Rock, because they had been told not to ask, or expect, any public 44 lilt] tl OCTOBER 4, 1983, Cont'd. funds from Little Rock to defray either the cost of planning, feasibility studies, construction or increased costs of operation which a new facility would generate. In a meeting held September 29, 1983, Mr. Matthews, Mr. Jay McEntire and Director Hubbell discussed the proposed new museum facility. Mr. Matthews stated that Director ' Hubbell, who is a member of the Sports Arena Commission, had indicated that moneys to defray the costs of planning and preliminary feasibility studies might be made avail- able through the auspicies of the Arena Commission. He then requested that the Board of Directors authorize the Arena Commission to fund preliminary overhead items in an approximate amount of $25,000.00. In conclusion, Mr. Matthews said after the feasi- bility studies are completed, "we will negotiate first with the City of Little Rock to locate the museum facility in this City if the project is financially feasible and funds are available for its construction and operations." Director Hubbell stated that funds are in the Arena Budget to do what Mr. Matthews is trying to do. ,Mayor Benafield commented that he was confident that the Board of Directors is pleased that Little Rock is the first choice. Resolution No. 7,067 was then presented, entitled: A RESOLUTION AUTHORIZING THE ARENA FACILITIES COMMISSION TO COOPERATE WITH THE BOARD OF TRUSTEES OF THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY AND TO ASSIST THE BOAR,' WITH FUNDING A PLANNING AND FEASIBILITY STUDY RELATIVE TO PROPOSED CONSTRUCTION OF A NEW MUSEUM FACILITY IN LITTLE ROCK; and there was a complete reading of the Resolution. A motion then followed by Director Hess and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was-subsequently adopted by the following vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. A public hearing-had been set for this time and place by the Board of Directors, to downzone property on the Board's own initiative, located at 1602 Abigail Street, described as Lot 1, Block 15, Sidney Johnson Addition to the City of Little Rock, Arkansas, from "C -3" General Commercial District to "R -3" Single - family District (Z- 4096). Mayor Benafield announced the opening of the public hearing, and when no one appeared to speak either for or against the proposal, the hearing was declared ' closed and Ordinance No. 14,516 was presented, containing the following heading: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 1602 ABIGAIL STREET IN THE SIDNEY I JOHNSON ADDITION, 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 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 and seconded by Directors Hess and Shackel- ford, respectively, 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, follow- ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey total 1. Therefore, J-he Ordinance wag declared PAqqF.D- �j 444'7 OCTOBER 4, 1983, Cont'd. I Introduced next was Ordinance No. 14,517, with the title being: AN ORDINANCE APPROVING AND ADOPTING THE RECOMMENDATION OF THE LITTLE ROCK PLANNING COMMISSION FOR THE ESTABLISHMENT OF A PARKS, PLAYGROUND, AND RECREATIONAL AREAS PLAN FOR THE LITTLE ROCK PLANNING AREA; which Ordinance was read the first time. A motion followed by Director Hubbell and 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 final reading of the Ordinance at this time; with the motion being made by Director Hess, an seconded by Director Shackelford, 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,518, entitled: AN ORDINANCE ESTABLISHING STANDARDS AND REQUIREMENTS FOR BOUNDARY STREET IMPROVE- MENTS AND DEDICATIONS IN THE PUBLIC RIGHT -OF -WAY AS REQUIRED BY THE MASTER STREET PLAN; ESTABLISHING ADMINISTRATIVE PROCEDURES, IN -LIEU REQUIREMENTS, PERMIT REQUIRE- , MENTS, CRITERIA FOR FINANCIAL HARDSHIP CASES, AND PROCEDURES FOR APPEALS; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, second- ed 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, followed by a subsequent motion made and seconded by Directors Hess and Shackelford, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The question of the passage of the Ordinance was then submitted i to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. An Ordinance had been placed on the Agenda for the approval of a Planned Commercial Development located at the S/E Corner of 12th and Spring Streets titled: i "Tropical Galleries PCD" (Z- 4052 -A), for storage of tropical plants. By request of Mr. Al Davenport of Tropical Galleries, the proposed Ordinance was deferred until November 15, 1983. The following application for revision of a Planned Commercial Development, as ' approved by the Planning Commission on September 13, 1983, was presented next: Z- 4030 -A - From The Hodges Firm to revise the Rock Creek Planned Commercial Development located at Markham Street and Cunningham Lake Road, to provide for two - story mini - warehouses on two of the buildings. There was no one present to speak in 44�Ij III OCTOBER 4, 1983, Cont'd. opposition to the proposal and Ordinance No. 14,519 was presented, with the title being: AN ORDINANCE APPROVING A MODIFICATION TO A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A (SHORT FORM) "PCD" DISTRICT ENTITLED ROCK CREEK 4030 ' PCD (Z- -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE #14,474 OF CHAPTER 43, ARTICL VI, SECTION 6 -101 OF THE CITY OF LITTLE ROCK; 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 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 Hess, seconded by Director Shackelford an 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 response being recorded as follows: , Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director weeks total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,520, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2307 CANTRELL ROAD, CANTRELL ROAD-BREWERY (Z- 4069), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (TO be used for brewery in "I -3" District) which Ordinance was read the first time. A motion followed by Director Hubbell, 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 final ' reading of the Ordinance at this time, with the motion being made by Director Hess, seconded by Director Shackelford, 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 was an Aye and No Vote taken on the passage of the Ordinance with the results recorded i as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,521, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1215 SOUTH SCHILLER, 12th STREET ARMY RESERVE TRAINING SCHOOL (Z- 4078), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; ' (For Army Reserve Training School in "R -4" District) 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 Hubbell, seconded 1449 OCTOBER 4, 1983, Cont'd. 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, followed by a subsequent motion made and seconded by Directors Hess and Shackelford, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford - Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes'- None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,522 was next presented, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT #5 RIVER BEND ROAD, RIVER BEND (Z- 4077), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (TO be used for a deck in "MF -18" District) ' with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Jones, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hess to again suspend the rules and place the Ordinance on its third and final reading. Director Shackelford 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 members of the Board of Directors- elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield ' then announced that the Ordinance had PASSED. The following application for rezoning was presented at this time, as approved by the Planning Commission on September 13, 1983: Z- 4079 -A - From Robert J. Richardson for Wm. V. Mathis, to rezone 20.31 acres on the north side of the 6800 block of Yarberry Lane, 4/10 mile east of Chicot Road, from "R -2" Single - family District to "R -7A" Mobile Home District. There was no one present to speak in opposition to the rezoning application and Ordinance No. 14,523 was presented, entitled; AN ORDINANCE RECLASSIFYING PROPERTY LOCATED WITHIN THE 6800 BLOCK OF YARBERRY LANE 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 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 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 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 Hess, seconded by Director Shackel- ford and adopted by unanimous vote of the members of the Board of Directors resent 45 � OCTOBER 4, 1983, 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 question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Bena- ' field and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. Ordinance No. 14,524 was presented, containing the following title: AN ORDINANCE APPROPRIATING $54,854.50 FROM THE CITY'S GENERAL FUND AND AUTHORIZ- i ING THE DIRECTOR OF FINANCE TO PAY OVER TO THE COURT APPOINTED TRUSTEE IN THE CASE OF CASH, ET AL. V. CITY OF LITTLE ROCK, THE SUM OF $512,413.50 IN SATISFACTION OF THE JUDGMENT OF THE COURT IN THAT MATTER; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded by Director Jones, and unanimously adopted by the Board Members present, bein six in number and two- thirds or more of the members of the Board of Directors - elect. There was-a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hubbell and Hess, respectively, to suspend the rules and place ' the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the member of the Board of Directors - elect, and the third and last reading of the Ordinance ensue The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,525 was presented, described as: AN ORDINANCE APPROPRIATING $3,500.00 FROM THE CITY'S GENERAL FUND FOR PAYMENT OF THE SETTLEMENT IN MELVYN BELL, ET AL. V. CITY OF LITTLE ROCK, ET AL. AND AUTHORIZING THE CITY MANAGER TO DIRECT THAT PAYMENT BE MADE; 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 ' 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 made by Director Hubbell, seconded by Director Hess, 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,526, entitled: AN ORDINANCE GRANTING A FRANCHISE TO UTILIZE PART OF THE PUBLIC RIGHT -OF -WAY ALONG THE NORTH PROPERTY LINE OF 1321 EAST SECOND STREET FOR A BELOW -GRADE GREASE TRAP; ' (Granted to B. Russ Jefferson) and said Ordinance was read the first time. 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 1151 OCTOBER 4, 1983, Cont'd. I 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, seconded by Director Hess, 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 herein described: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. The last matter to be considered was Ordinance No. 14,527, described as: AN ORDINANCE AMENDING LITTLE ROCK CODE SECTION 39 -25(c) REGULATING TRAFFIC ON ONE -WAY STREETS TO CONFORM TO STATE LAW; DECLARING AN EMERGENCY; (Providing for left turns on one -way streets) 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 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 Hubbell and seconded by Director Hess, to further suspend the rules and place the Ordinance on third and final reading. The motion was un- animously 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. 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 7:20 o'clock P. M., and that the Board of Directors meeting again in regular session on Tuesday, October 18, 1983 at 7:00 o'clock P. M. ATTEST: / /Waco:- ( APPROVED: ���3,y,•� City Clerk Jane Czech Mayor J. W. Benafield i i 45 i � Board of Directors Chamber Little Rock, Arkansas October 18, 1983 - 7:00 P. M. ' I The Board of Directors of the City of Little Rock, Arkansas met in regular session ' with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors I present: Directors Hess, Weeks, Shackelford.and Jones - total 4; Absent - Directors Bussey and Hubbell.- total 2. It was announced that a quorum was in attendance and the following is an account of the proceedings: I The Invocation was given by Vice Mayor /Director Jones. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held October 4, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1983. (c) Resolution No. 7,068, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD ' CONTRACTS FOR VETERI14ARY CARE FOR Z00 ANIMALS, FOR LABOR AND MATERIALS TO MAKE ROOFING REPAIRS AT Z00, FOR MOAT REPAIR ON CHIMP ISLAND AT Z00, FOR TIRES AND TUBES FOR CITY VEHICLES, AND FOR STREET AND STORM DRAINAGE i IIIPROVE14ENTS FOR JOHN BARROW, WOODRUFF SCHOOL, AND SOUTH LITTLE ROCK AREAS (CDBG GRANT, 9TH YEAR). (d) Resolution No. 7,069, described as: A RESOLUTION AUTHORIZING THE SUBSTITUTION OF W. DENT GITCHEL FOR MICHAEL RAINWATER AS ATTORNEY FOR THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE PETITION OF KEITH ROUNSAVALL, ET AL., VERSUS CHIEF OF POLICE WALTER E. SIMPSON. (e) Resolution No. 7,070, with the title being: A RESOLUTION AUTHORIZING CHIEF OF POLICE WALTER E. SIMPSON TO RETAIN WILLIAM R. WILSON AS HIS ATTORNEY IN THE MATTER OF THE PETITION OF KEITH , ROUNSAVALL, ET AL., BEFORE THE CIVIL SERVICE COMMISSION. (f) A proposed Resolution containing the following caption: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE NECESSARY LEGAL PROCEEDINGS TO ACQUIRE LANDS ON THE EAST BANK OF ROCK CREEK BETWEEN BOYLE PARK AND KANIS PARK. By motion of Director Weeks, 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 October 4, 1983 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 for the month of August, 1983 was received and filed; and (c, d & e) Resolutions No. 7,068, 7,069 and 7,070 were read in full and adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. City Attorney Jack Magruder requested' that Item (f) be removed from the Agenda, and that the Board recess this meeting and reconvene at the Agenda Meeting on Wednesday, October 26, 1983 to consider the matter. Director Weeks moved that the request be granted, seconded by Director Jones, with the i 53 OCTOBER 18, 1983, Cont'd. motion being adopted by unanimous voice vote of the Board of Directors presents, Director Bussey was enrolled. Under Citizen Communications, several residents of the Kingwood Area were present to voice opposition to temporary barriers the City installed to slow down and channel traffic through intersections, after residents repeatedly complained that traffic to and from Murray Park was disrupting the neighborhood. Mary Richardson of 7104 Hill- wood Road, said the neighborhood never wanted traffic islands in the intersections and never supported temporary measures. Mr. Paul Hicks, 7416 Kingwood Road, requested that "things be put back like they were ", and suggested that an Ordinance be passed to prohibit alcohol in.City Parks, which in his opinion, would solve the problems. Mr. Jeffrey Jenkins was the other speaker at Citizen Communication time. He requested that his zoning petition to rezone 9215 Asher Avenue (Z- 4081), from "C -3" General Commercial to "C -4" Open Display District as approved by the Planning Commissic be placed on the Agenda for the November 1, 1983 Board Meeting. There had been some delay because the property owner refuses to dedicate needed right -of -way. Director Jones said she would like to see the right -of -way issue resolved before the Board take action. Mr. Jenkins was then requested to make an attempt to solve the issue and the proposal will be placed on the Tentative Agenda for October 26th. Zoning Appeal (Z -4056) was the next presentation from Kenneth F. Harper and Samuel W. Jones, requesting that 7323 Mabelvale Cutoff Road (long legal description) be zoned from "R -2" Single - family District to "C -3" General Commercial District. The Planning Commission denied the request on August 30, 1983. Mayor Benafield declared I the public hearing open which was set for this time and place to hear the appeal. Mr. Kenneth Harper, one of the applicants, presented pictures of the subject and surround- ing property which had been annexed to the City. He advised that it is his intent to enlarge the building, but since it came into the City as a non - conforming use, i modifications or expansions cannot be made unless the property is rezoned. Upon question by Director Hess, Mr. Nathaniel Griffin, Director of Comprehensive Planning I advised the Staff feels this is not an appropriate location for commercial use, while Mr. Harper stated the adjacent properties were being used as commercial. Upon questio by Director Weeks, Mr. Griffin stated there was no neighborhood opposition presented at the Planning Commission Meeting. Director Shackelford was not concerned with the non - conforming use, but stated: "once we zone property commercial and it is later sold, it can be used for much higher use." It was Mr. Griffin's opinion that if the i property is rezoned, it would produce strip zoning. After further discussion, the public hearing was declared closed and the proposed Ordinance to rezone the property was placed on first reading with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7323 MABELVALE CUTOFF AMENDING SECTION 43 OF THE CODE OF ORDINA14CES 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 Bussey which was seconded by Director Weeks, that the Ordinance be placed on second reading. A roll call was taken on the suspension of the rules with the response being: Directo ' Hess, Mayor Benafield, Directors Weeks and Bussey - total 4; Noes - Directors Jones and Shackelford - total 2; Absent - Director Hubbell - total 1. With the suspension of the rules having FAILED, the proposed Ordinance remained on the calendar for second reading. Therefore, the Board of Directors will have an opportunity to inspect the property and surrounding neighborhood zoning uses. V 45'," OCTOBER 18, 1983, Cont'd. A public hearing had been scheduled and advertised by the Board of Directors to establish "C -1" Neighborhood Commercial Classification, on the following described property located on Fourche Dam Pike: Z -4114 - a tract of land, the point of beginni being a point, 207 feet + east of the east -west right -of -way of Fourche Dam Pike, , thence south 230.0 feet + to a point, thence west 208 feet +, thence north 295.0 feet + to a point, thence west 216.5 feet + to the point of beginning, all in Pulaski County, Arkansas. Mayor Benafield declared the public hearing open and when no one appeared in opposition to the proposal, he closed the hearing and Ordinance No. 14,528 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON`FOURCHE DAM PIKE AT EAST ROOSEVELT ROAD AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; ARKANSA 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 second reading. The motion was seconded by Director Weeks, 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 Bussey, and seconded by Director Jones, to further 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 result- ing Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance was then declared PASSED. The following applications for rezoning were presented at this time, as approved by the Planning Commission on September 27, 1983: Z -4087 - From Jack H. and Linda L. Sigle to rezone 9918 and 10010 Chicot Road, described as Lots 44 and 45, Burnell Manor Subdivision to the City of Little Rock,' ' Arkansas, from "R -2" Single- family to "O -1" Quiet Office District. Z -4088 - From Thomas Taylor for Joe R. Taylor to rezone the North 137.3 feet of Lots 1, 2 & 3, Block 6 in the Subdivision of Block 18 of Rapley Estate, and Lot 5, except the South 28 feet thereof in Block 1,*Scott Street Addition to the City of Little Rock, located at Roosevelt Road and Main Street, from "C -3" General Commercial to "C -4" Open Display District. Z -4095 - From Bill McClard for Bonanza Realty to rezone property located at I -430 and Rodney Parham Road (long legal description) from "R -2" Single - family to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,529 as follows) 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 the Ordinance was read the first time. The rules were then suspended to allow for the second reading by motion of Director Weeks, seconded by Director Shackelford, �j 114155 OCTOBER 18, 1983, Cont'd. I and by unanimous vote of the members of the Board of Directors present being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Shackelford, seconded by Director Weeks that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present being six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Therefore, the Ordinance was declared PASSED. Zoning Application Z- 3269 -B from Barbara P. Bonds, Attorney for Acme Development I Company was the next presentation. The application requested the rezoning of a tract of land (15.60 acres) located at Napa Valley Drive and Mara Lynn Road, containing a lengthy legal description, from "R -2" Single- family to "MF -18" Multi- family District. The Planning Commission approved the application on September 27, 1983; however, the Staff had recommended a "Planned Unit Development" because of the difficult terrain which suggests that a lower density strategically located is a necessity, and several other concerns. Mr. Graham Catlett, Attorney for the property owners presented the rezoning request stating that the property,owner, as well as the proposed purchaser, has agreed to lease to the property owners in that neighborhood, a tract of land for $1.00 per year, to rezone a tract of land in that area for the benefit of the property owners as open space, to reduce the density that was originally planned for that area from 280 units to a little over 200 units. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Staff has met with the developers from Oklahoma City and also, the property owners, and he feels the issues have been addressed. He explained what they had agreed to do is to incorporate open space zoning in the eastern portion of the property to establish a buffer between this development and Woodland Hills. The landowner has agreed to deal with the property east of the Agape rChurch where a rather difficult terrain exists and work out a way to rezone it to "open space" and make it available to the Turtle Creek Neighborhood. The density question would be addressed by the site plan shown, reducing the density from 280 units to 216 units. Director Hess questioned whether the buffer zone is going to remain in a natural state and Mr. Griffin advised there are three provisions of Ordinances that provide for buffering; one being the open space district. He stated the applicants propose to return with a development plan and the plan will provide for the open space buffer. Mr. Griffin felt this was a plan that could be accepted and advised he had received the easement deed for the needed fifty feet of right-of- way for Napa Valley Drive. Upon question by Mayor Benafield, Mr. Catlett said his client had put everything in writing. (Letter dated 10 -18 -83 from Mr. Steve W. Patterson, General Partner of Acme Development Company committing to follow the site plan filed, with the letter being attached to Ordinance No. 14,530.) There was no ' further discussion and Ordinance No. 14,530 was presented, entitled: Ali ORDINANCE RECLASSIFYING A TRACT OF LAND AT NAPA VALLEY AND MARA LYNN ROAD 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 the Ordinance was read the first time. A motion followed by Director Jones to 45 'I OCTOBER 18, 1983, Cont'd. amend the Ordinance to include the open space zoning described by Mr. Griffin. The motion was seconded by Director Weeks and adopted by unanimous voice vote of the Board Members present. A subsequent motion was then made by Director Weeks, seconded by Director Jones, for a suspension of the rules and the placing of the Ordinance, as amended, 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, as amended, was then read the second time, with an ensuing motion then being made by Director Shackelford to again suspend the rules and place the Ordinance, as amended, on its third and final reading. Directo 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 members of the Board of Directors - elect: There was a third and last reading of the Ordinance, as amended, resulting in the following Aye and No Vote taken on the passage of the Ordinance, as amended: Ayes - Directors Jones, Hess,-Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director*Hubbell - total 1. Mayor Benafield then announced that the Ordinance, as amended, had PASSED. Consideration was then given to Zoning Application Z- 3585 -A from John McKay for ' River City Land Company. The application requested the rezoning of property located at the Northwest Corner of Kanis and John Barrow Roads ,(long legal description), from "R -21', "C -3" and "C -4" Districts to "0 -3 ", "C -4" and "C -3" Districts, as approved by the Planning Commission September 27, 1983. No one was present to voice opposition to the rezoning and a proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF JOHN BARROW ROAD AT KANIS ROAD IN THE CITY OF LITTLE ROCK P21ENDING 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 proposed Ordinance. A discussion followed among Board Members in which Director Jones said: "This piece of property again has a buffer area and when it was zoned the first time, it was zoned with an understanding of that neighborhood that Lots 4 and 5 would remain as "R -2" Single - family to perform the function of a buffer. It has been the recommendation of Staff, to the Planning Commission and to this Board, that we delete Lots 4 and 5 from this rezoning request." In further discussion 'she said, "I'm moving that this Board make a committment to that neighborhood that we retain the buffer they thought they had previously." The motion was seconded by Director Shackelford. There was further discussion in which it was I generally agreed to leave the proposed Ordinance on the calendar for second reading; therefore, Directors Jones and Shackelford withdrew the motion and second to amend the Ordinance at this time. Consequently, no action was taken and the proposed Ordinance remained on the calendar for second reading. Zoning Application No. Z -4082 was the next presentation. The application was filed by Osborne W. and Marie T. Garvin to rezone 116 North Monroe Street, described as the South 50' of the North 150' of the E 1/2 of Block 5, Howard Adam's Subdivision to the City of Little Rock, from "R -2" Single - family to "0 -1" Quiet Office District, as approved by the Planning Commission on September 27, 1983. Director Jones questione if this proposal is speculative zoning, and was advised no specific use has been given. There was no further discussion or opposition presented, and Ordinance No. 14,531 was presented, entitled: J� OCTOBER 18, 1983, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 116 NORTH MONROE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; A14D 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 Hess, 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, followed by a subsequent motion made and seconded by Directors Bess and Weeks, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - Director Jones - total 1; Absent - Director Hubbell - total 1. Whereupon, the Ordinance was declared ' PASSED. Zoning Application Z -4092 was next presented from Joe D. White for Alan Gold. The application requested the rezoning of 6.1 acres located at.the Northwest Corner of Fairview Road at Pleasantridge Road, from "R -2" Single - family District to "MF -12" Multi - family District. The application received the approval of the Planning Commission on September 27, 1983. Director Jones stated that zoning has been denied on adjacent property because it was in Sewer Improvement.District No. 222 and we have a policy stating no more.than three sewer tie -ons per acre in that area. This area I is adjacent and directly to the east of that piece of property and not of the same sewer district, and there is no sewer policy that covers this particular parcel. Mr. Joe D. White responded by saying, "that is correct and the parcel proposed for rezoning is located within Improvement District No. 636." After further discussion, it was stated that no objectors were present to speak;.therefore, Ordinance No. 14,532 was presented, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN WOODLAND HEIGHTS ADDITION IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE 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 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 again seconded.by Director Weeks, and adopte 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 question, Shall the Ordinance Pass, with the response being: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Mayor Benafield then announced that the Ordinance had PASSED. fit III i i 45 i j� jj� OCTOBER 18, 1983, Cont'd. A public hearing had been scheduled for this time and place on an Ordinance to amend Section 37 -28 of the Little Rock Code of Ordinances to establish floodway easements. Mayor Benafield announced the opening of the public hearing and when no one appeared to speak, he declared the. public, hearing closed and Ordinance No. 14,533 was presented, described as: AN ORDINANCE AMENDING SECTION 37 -28 OF THE LITTLE ROCK CODE OF ORDINANCES, TO ESTABLISH FLOODWAY EASEMENTS; with there being a first reading of the Ordinance. .A motion followed from Director Weeks, seconded by Director Hess, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. .The Ordinance was then read the second time, with an ensuing motion then being made by Director Shackelford to again suspend the rules and place the Ordinance on its third and final reading. Director Hess 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 members of the Board of Directors - elect. There was a third and last reading of the Ordinance, , resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford total 6'; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been advertised for this time and place on an Ordinance to amend Chapter 43 of the Little Rock Code of Ordinances to establish setbacks for structures in the floodplain. Mayor Benafield declared the public hearing open and invited persons wishing to address the issue to come forward. No one was present who wished to speak, the public hearing was closed and Ordinance No. 14,534 was presented, with the title being: I AN ORDINANCE AIIENDII4G CHAPTER 43, SECTION 7- 105.4(h)(2) OF THE LITTLE ROCK CODE OF ORDINANCES; TO ESTABLISH SETBACKS FOR STRUCTURES IN THE FLOODPLAIN; with the Ordinance being read the first time; after which there was a motion by Directo Weeks for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Hess, 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, again seconded by Director Hess, to further 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 I 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. It was therefore, announced that the Ordinance had PASSED. A public hearing had been scheduled for this time and place on the intent of the Board of Directors to retain designated floodways in zoning classifications compatible with the drainage function of such areas. The public hearing was declared open by Mayor Benafield and when no one appeared to address the issue, he declared the hearing closed and Resolution No. 7,071 was presented, entitled: ✓ I 59 OCTOBER 18, 1983, Cont'd. �D A RESOLUTION RECOGNIZING THE RELATIONSHIP BETWEEN ZONING AND FLOODPLAIN DEVELOP- MENT AND EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS TO RETAIN DESIGNATED FLOOD- WAYS IN ZONING CLASSIFICATIONS COMPATIBLE WITH THE DRAINAGE FUNCTION OF SUCH AREAS; ' with the Resolution being read in its entirety. A motion then followed by Director Bussey and seconded by Director Hess, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford total 6; Noes - None; Absent - Director Hubbell - total 1. Another public hearing had been advertised for this time and place on a Resolutio designating public purchase as one method of implementing Little Rock's Floodplain Management Strategy. It was announced by Mayor Benafield that the public hearing was open; however, no one appeared to speak against the issue, and he declared the hearing closed. Resolution No. 7,072 was introduced, with the title being: A RESOLUTION ACCELERATING CITY EFFORTS TO ACQUIRE FLOODPRONE PROPERTY AND DESIGNATING PUBLIC PURCHASE AS ONE METHOD OF IMPLE14ENTING LITTLE ROCK'S FLOODPLAIN MANAGEMENT STRATEGY; ' and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Bussey, seconded by Director Hess, and by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Introduced at this time was Ordinance No. 14,535, described as: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONER OF SEWER IMPROVEMENT DISTRICT NO. 145 OF LITTLE ROCK, ARKANSAS; (Bunch Road Improvement District - Appointing William M. Wilson to fill a vacancy created by the resignation of J. F. Kellar) with said Ordinance being read the first time. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Hess, seconded by Director Weeks, which was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors- elect. Upon second reading of the Ordinance, there was a subsequent motion ' by Director Bussey 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 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. It was then announced that the Ordinance had PASSED. Ordinance No. 14,536 was next presented, entitled: AN ORDINANCE TO APPOINT COMMISSIONERS TO FILL VACANCIES ON BOARD OF COMMISSIONERS OF STREET IMPROVEMENT DISTRICT NO. 634 OF LITTLE ROCK, ARKANSAS; (10th Street Improvement District - Appointing Sidney M. Thom and Jim J. Orsini, replacing Sam Reynolds and Elbert L. Fausett) and after a first reading of the Ordinance, there was a motion by Director Hess, 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 six in number and two - thirds or more of the members of the Board of 46411 , OCTOBER 18, 1983, Cont'd. 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 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 question, Shall the Ordinance Pass, and resulted as herein recorded: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Therefore, the Ordinance was declared PASSED. Resolution No. 7,073 was the next presentation, with the title being: A RESOLUTION CONFIRMING THE AUTHORIZATION OF A TRUST INDENTURE SECURING HEALTH CARE REVENUE BONDS, AND THE AUTHORIZATION OF A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND BH &G PROPERTIES, AS LESSEE; AND AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; (Not to exceed $2,060,000) and there was a full reading of the Resolution which was subsequently adopted upon , motion of Director Bussey, seconded by Director Weeks, and by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - Director Jones - total 1; Absent - Director Hubbell - total 1. Considered at this time was Ordinance No. 14,537, containing the following heading AN.ORDINANCE ESTABLISHING THE PATE OF TAXATION.OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1984 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; with the Ordinance being read the first time. A motion was then made by Director Hess, seconded by Director Weeks, to suspend the rules and'place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being six I 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 by Director Bussey, 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 14,538, described as: 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; DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. There was a motion by Director Hess, 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 of Director- 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 Busse , seconded by Director Jones OCTOBER 18, 1983, Cont'd. and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a third ' and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as follows: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. Therefore, the Ordinance, together with the Emergency i Section, was declared PASSED. The last matter to be considered was Resolution No. 7,074, entitled: A RESOLUTION MAKING A REAPPOINTMENT TO THE LITTLE ROCK AMBULANCE AUTHORITY; (Reappointing David Jones for a term to expire July 21, 1985) and after a. complete reading of the Resolution, there was a motion by Director Hess that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Director Hubbell - total 1. There being no further business to be presented, it was moved by Director Bussey, seconded by Director Hess, and unanimously carried that this meeting be recessed at I 8:30 o'clock P. M., and that the Board of Directors reconvene on Wednesday, October 26 1983 at 1:30 o'clock P. M. to consider a Resolution authorizing the City Attorney to institute legal proceedings to acquire lands on the East Bank of Rock Creek between Boyle and Kanis Parks. ATTEST: APPROVED:_ !►_ w.w� City Clerk Jane Czech Mayor J. W. Benafield ' I I 4621 �J� Board of Directors Chamber Little Rock, Arkansas October 26, 1983 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the October 18, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. To open the meeting, City Attorney R. Jack Magruder explained that the proposed Resolution appearing on the Agenda entitled: "A Resolution authorizing the City Attorney to institute necessary legal proceedings to acquire lands on the East Bank of Rock Creek between Boyle Park and Kanis Park ", should be deferred because the legal work was not completed; therefore, no action was taken and the matter was deferred. City Attorney R. Jack Magruder advised the Board Members that an error had been made in the title of Ordinance No. 14,511, and requested that consideration be given at this time to an Ordinance correcting the title to read: "An Ordinance repealing Chapter Five (5) of the Little Rock Code of Ordinances, relating to Emergency Medical Services and the regulation of ambulances operating within the City of Little Rock; And enacting a new Chapter Five (5) entitled: 'AMBULANCE SYSTEM CODE'; And for other purposes." The Board Members were in agreement on the presentation of the Ordinance, Number 14,539, with the title being: AN ORDINANCE CHANGING THE TITLE OF ORDINANCE NO. 14_,511 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 again made by Director Jones 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 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; i Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 14,540, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7323 MABELVALE CUTOFF AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Denied by Planning Commission and appealed to Board of Directors - From "R -2" Single- , family District to "C -3" General Commercial District - Z -4056) and there was a second reading of the Ordinance with the first reading having occurred on October 18, 1983. There was a brief discussion in which Director Jones stated she had not had an opportunity to visit the location and surrounding properties. A 1 1.1146 3 OCTOBER 26, 1983, Cont'd. motion was then made by Director Weeks and seconded by Director Bussey, that the rules be suspended and the Ordinance be placed on third and final reading. A roll call was taken on the suspension of the rules with the response being: Ayes - Director Hess, ' Mayor Benafield, Directors Weeks, Bussey and Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. With the motion to suspend the rules having been adopted, the Ordinance was then read the third and last time. There was an Aye and No Vote taken on the passage of the Ordinance, resulting in the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks and Bussey - total 4; Noes - Directors Hubbell and Jones - total 2; Abstentions - Director Shackelford - total 1; Absent - None. It was then announced that the Ordinance had PASSED. I Resolution No. 7,075 was introduced next, described as: i A RESOLUTION APPOINTING DR. RYLAND MU14DIE TO THE LITTLE ROCK AMBULANCE AUTHORITY; (Term to expire July 21, 1984) and the Resolution was read in its entirety. A motion then followed by Director Weeks and seconded by Director Bussey, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - I Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Following the roll call on the adoptio of the Resolution, Director'Jones stated that she would like to go on record as objecting to a motion from the floor to make appointments without first, receiving a resume from the appointee. A presentation and lengthy discussion was the last matter to be considered relative to Zoning Case Z- 3585 -A, filed by Mr. John McKay for River City Land Company, to rezone property located at the Northwest corner of John Barrow Road at Kanis Road, from "R -2 ", "C -3" and "C -4" Districts to "C -3 ", "C -4" and "0 -3" Districts, as approved by the Planning Commission on September 27, 1983. At the request of Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning gave the following Staff Report: "This is a buffer issue. Several years ago the City provided a fifty foot strip of "R -2" single - family zoning between this tract that is zoned commercial and adjacent single - family area at the Northwest corner of Barrow and Kanis Roads. Mr: McKay is proposing a series of zoning changes within this quadrant of the intersection The only issues really to be dealt with are numbers four and five at the top of the map. He is proposing use of the standard subdivision setback of forty feet which would include a formally required fifteen foot landscaped strip, together with twenty- five feet of setback, in place of the fifty foot "R -2" single - family strip which, under our previous practice, would not specifically require the incorporation of landscaping. The Staff does not feel particularly strong one way or the other; we could accept it either way. Under the forty foot procedure, in addition to landscapin , he would be required to put up a fence." Mr. McKay stated, "what we are trying to do as has been explained is to substitute the ordinance required buffer instead of the fifty feet." He presented a map showing zoning classifications of adjacent tracts and explained the development plan, which is a Master Plan that ties in with the Baptist Medical Center plans. Very simply Mr. McKay said, "what we are asking to do is zone all the property commercial and impose the ordinance required buffer requirement, which is one of the reasons the new ordinance was adopted and we got away from the fifty foot single- family situation." In the lengthy discussion, Director Jones' concern was the committment to the neighborhood of the fifty foot buffer in a previous rezoning application. There were no amendments to the proposal and Ordinance 4s OCTOBER 26, 1983, Cont'd. No. 14,541 was presented, entitled: i AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF JOHN BARROW ROAD AT KANIS ROAD 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 the Ordinance was read the second time, having been read the first time on October 18, 1983. 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 Hess, seconded by Director Weeks, and 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 read the third and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 2 :10 o'clock P. M., and that the Board of Directors meet again in , regular session on Tuesday, November 1; 1983 at 7:00 o'clock P. M. ATTEST: ?404e., APPROVED: —�� /�City i Clerk Jane Czech Mayor J. W. Benafield I I l I 11, 65 Board of Directors Chamber Little Rock, Arkansas November 1, 1983 - 7:00 P. M. i I The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Benafield presiding and Jane Czech, City Clerk. The following Directors i answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Hubbell. The first presentation was the Consent Agenda, consisting'of the following items: I (a) The Minutes of the previous meeting held October 18, 1983 and the reconvened meeting held October 26, 1983. (b) Resolution No. 7,076, entitled: A RESOLUTION TO ACCEPT THE BEST BID FOR EACH: A CONTRACT FOR THE INSTALLATION OF SOCCER FIELD LIGHTING AT INTERSTATE PARK; AN ANNUAL CONTRACT FOR INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS ON BOND AND BARROW STREETS; A CONTRACT FOR SERVICES OF AN ARCHITECTURAL ENGINEERING FIRM TO DO DESIGN WORK FOR THE LITTLE ROCK POLICE STATION RENOVATION PROJECTION; AND A CONTRACM i FOR NINTH YEAR CDBG STREET AND STORM DRAINAGE IMPROVEMENTS IN THE STEPHENS SCHOOL AND OAK FOREST NEIGHBORHOOD AREAS; AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS TO THE SUCCESSFUL BIDDERS. (c) Resolution No. 7,077, with the title being: A RESOLUTION TRANSFERRING OBLIGATED FUNDS OF THE CITY OF LITTLE ROCK'S COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FROM THE EIGHTH YEAR (1982 -83) TO THE NINTH YEAR (1983 -84) CDBG PROGRAM; AND AMENDING THE NINTH YEAR CDBG PROJECT ALLOCATIONS. (d) A proposed Resolution described as: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT ON BEHALF OF THE LITTLE ROCK TRAINING PROGRAM. (e) Resolution No. 7,078, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR EMPLOYEE HEALTH AND LIFE INSURANCE; AND FOR OTHER PURPOSES. (f) Resolution No. 7,079, entitled: i A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS TO ZONE TRACT #25 OF THE CUNNINGHAM REPLAT AND FOR OTHER PURPOSES. By motion of Director Bussey, seconded by Director Hubbell, 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 and reconvened meetings were approved as written and summarized to the Board of Directors; (b & c) Resolutions No. 7,076 and 7,077 were read in full and adopted by the following roll call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None; (d) By motion of Director Bussey, seconded by Director Hubbell, which was unanimously adopted, the proposed Resolution was deleted and (e - Resolution No. 7,078) by request of City Manager Susan Fleming was added to the Agenda, read in full and adopted by the following roll call vote: Ayes - Director Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total ; 46611 November 1, 1983, Cont'd. Noes - None; Absent - None; and (f) Resolution No. 7,079 was read in full and adopted by the following roll call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Bena- field, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. The following Zoning Petition was presented next, as approved by the Planning ' Commission on September 27, 1983: Z -4081 - From Jeffery H. Jenkins to rezone the North 200 feet of 9215 Asher Avenue, from "C -3" General Commercial District to "C -4" Open Display District. The Master Street Plan requires right -of -way on Asher Avenue, which the owner refused to dedicate. The proposal was placed on the tentative agenda on October 12, 1983, but was removed in order that an attempt could be made to reach an agreement on the right - of -way dedication. Mr. Jenkins was present and advised the Board of Directors nothing had been accomplished in the right -of -way issue, and with no further discussion, the proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 9215 ASHER AVENUE 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 to provide ' for the second reading of the Ordinance by a motion made by Director Bussey, seconded by Director Hubbell, and adopted by the following voice vote: Ayes - Directors Hubbell Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - Vice Mayor /Director Jones - total 1; Absent - None. With the motion having been adopted, the Ordinance was read the second time followed by a subsequent motion by Director Bussey and seconded by Director Hubbell, to again suspend the rules and place the Ordinance on third and final reading. The rules were again suspended to permit the third and final reading of the Ordinance by the following voice vote: Ayes - Directors Hubbell, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; I Noes - Vice Mayor /Director Jones - total 1; Absent - None. The proposed Ordinance was then read the third and last time with a roll call vote being taken on the question, Shall the Ordinance Pass, which received the following response: Ayes -- None; Noes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackel- ford - total 7; Absent - None. Mayor Benafield then announced that the Ordinance had FAILED TO PASS. Introduced next was Ordinance No. 14,542, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 901 CALHOUN, FIRST BAPTIST CHURCH (Z- 4085), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For expansion of Church Sanctuary and classrooms in "R -3" District) which Ordinance was read the first time. A motion followed by 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 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' Bussey, seconded by Director Jones, and unanimously adopted by the members of the Boar 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 67 November 1 1983, Cont'd. there was an Aye and No Vote taken on the passage of the Ordinance with the results recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,543 was presented, with the title being: i AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 3224 KAVANAUGH, MOUNT ST. MARY'S ACADEMY (Z- 4100), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For addition to existing school building to house a serving kitchen and Chapel in "R -2" Single - family District) with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, -by a motion made by Director Hubbell, seconde 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Bussey and Jones, respectively, to suspend the rules and place ' the Ordinance on'its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordi- nance followed. The question of the passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The following application for rezoning was presented at this time, as approved by the Planning Commission on October 11,'1983: Z -4106 - From Stanley A. Rushin to.rezone 800 East 6th Street in the City of Little Rock, described as all of Lots 10 and 11 and part of Lot 12, Block 16, Rector- town Addition, from "I -2" Light Industrial District to "C -3" General Commercial District. There was no one present to speak in opposition to the rezoning application and Ordinance No. 14,544 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 800 EAST 6TH STREET 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 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 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. 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, seconded by Director Jones, and adopted by unanimous vote of the members of the Board of Directir 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 response being recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. iji 46 I NOVEMBER 1, 1983, Conti Ordinance No. 14,545 was presented, containing the following title: AN ORDINANCE AMENDING THE MASTER STREET PLAN TO ELIMINATE ROCKWOOD AND PINE VALLEY COLLECTORS FROM THE MASTER STREET PLAN; (Pine Valley Road, from North University to Rockwood; and Rockwood Road, from Pine ' Valley to Overlook Drive) 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 Hubbell, seconde 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Bussey and Jones, respectively, to suspend the "rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes None; Absent - None. Therefore, the Ordinance was declared PASSED. , Consideration was then given to Ordinance No. 14,546, entitled: AN ORDINANCE AMENDING THE MASTER STREET PLAN TO INCLUDE AUTUMN ROAD AND EXECUTIVE CENTER DRIVE AS COLLECTORS; (Autumn Road, from I -630 extended to Kanis Road; and Executive Drive, from Shackleford Road to Executive Center Drive westward termination) 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 secon ed 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 Bussey, 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 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 Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Introduced next was Ordinance No. 14,547, with the title being: i AN ORDINANCE AMENDING THE MASTER STREET PLAN FOR A NEW WESTWARD ALIGNMENT OF THE PRINCIPAL ARTERIAL KNOWN AS THE WEST BELT; (To shift the alignment of the west belt principle arterial west from Crystal Valley Road to the County north /south line) and said Ordinance was read the first time. 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 Ordi- nance at this time, with the motion being made by Director Bussey, seconded by Directo Jones, and adopted by unanimous vote of the members of the Board of Directors present, ✓ I 69. NOVEMBER L, 196J, on 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 Hubbell, Jones, Hess, Mayor Benafield, Director Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 7,080 was presented, with the title being: A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE ROCK TO APPROPRIATE MONEYS IN AN AMOUNT CERTAIN TO FUND ITS SHARE OF THE 1984 BUDGET OF CENTRAL ARKANSAS TRANSIT; ($653,400) with said Resolution being read in full. A discussion ensued in which Director Hubbell asked Directors Bussey and Weeks, representing the Board of Directors on the Central Arkansas Transit Policy Board, if they are comfortable with the CAT budget request even though it is more than a 4% increase; second, whether they are comfort- able with this Resolution being modified at a later time; and third, whether they are comfortable with a comprehensive review of the CAT routes not having been filed, as requested by the Board of Directors, for the years 1979, 1980, 1981, 1982 and 1983. Director Weeks responded by saying he did not know if all the issues had been addresse , but there was discussion about increasing service by 10% above what was being done last year. Mr. John Milligan, Manager of Central Arkansas Transit, advised that to his knowledge he had never been requested by the Board of Directors to provide a comprehensive review of CAT routes, but that his staff constantly evaluated possible new routes and the ridership of existing routes. He said that he could provide the Board with the report. Upon question by Director Hubbell, Mr. Milligan said the reason he was asking for more than three or four per cent increase, is to increase service. He justified the 10% by saying the Transit Policy Board voted on it. Upon question by Vice Mayor /Director Jones, Mr. Milligan explained the budget contained a three per cent increase for employees, approximately six new employees, and possibly two new routes and additional service on some existing routes. In conclusion, Mayor Benafield stated if possible, we want to provide funding subject to this Board making ' the final decision at a later date. He requested that Central Arkansas Transit provid a quarterly report and update on the bus service to City Manager Susan Fleming. There was no further discussion and a motion followed by Director Bussey, seconded by Director Shackelford, that the Resolution be adopted. A roll call was taken on adoption of the Resolution which received the following response: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Resolution No. 7,081 was introduced at this time, described as: A RESOLUTION TO WAIVE THE FORMAL BIDDING REQUIREMENTS FOR CONTRACTING ALTERATIONS AND MODIFICATIONS TO THE STATION HOUSE OF THE LITTLE ROCK FIRE DEPARTMENT ON CHICOT ROAD; AND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR SUCH WORK WITH THE JOHN WHITEHURST COMPANY; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell', seconded by Director Hess, and the following roll call vote: Ayes - Director Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. I 470 NOVEMBER 1, 1983, Cont'd. There was presented Resolution No. 7,082, containing the following caption: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS OF ITS $540,000 REVENUE BONDS (GOLD PROJECT); and after a complete reading of the Resolution, a motion by Director Hubbell, seconded , by Director Hess, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. Resolution No. 7,083 was presented, entitled: A RESOLUTION PERTAINING TO FUNDS OF THE PROCEEDS OF THE CITY OF LITTLE ROCK HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CIVIC - CENTER PROJECT), SERIES 1980, ALLOCATED TO ASSIST IN DEFRAYING THE COST OF PROVIDING OFF STREET PARKING FACILITIES NECESSARY TO ACCOMMODATE THE CIVIC - CONVENTION HOTEL CENTER AT MARKHAM AND I MAIN STREETS, LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. In a brief discussion regarding parking, Director Hubbell made a motion, seconded by Director Jones, that the Resolution be amended to allocate funds from the remaining $400,000 City of Little Rock Hotel and Restaurant Gross Receipts Tax Bonds (Little Rock Civic - Center Project), Series 1980, ' to provide off street parking facilities needed to accommodate the State House Convention Center at Markham and Main Streets in Little Rock, Arkansas and other parking needs in the downtown Little Rock area. A roll call was taken on the motion with the results being: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. With the motion having been adopted and the Resolution amended, a subsequent motion was made by Director Hubbell, seconded by Director Hess, that the Resolution, as amended, be adopted. A roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; Absent - None. The next'presentation was Resolution No. 7,084, with the title being: A`RESOLUTION REQUESTING THE CORPS OF ENGINEERS TO CONSIDER THE CLOVERDALE DRAIN FOR FUNDING UNDER SECTION 205 OF THE 1948 FLOOD CONTROL'ACT AND EXPRESSING SUPPORT ' FOR THE PROJECT; 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 Hess, after which.a roll call was taken and the Resolution adopted by the following roll call vote: Ayes Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackel- ford - total 7; Noes - None; Absent - None. Ordinance No. 14,548 was the next presentation, entitled: AN ORDINANCE TO AMEND SECTION 15 -1 OF THE LITTLE ROCK CODE OF ORDINANCES, AND THE SCHEDULE OF GARBAGE COLLECTION FEES SET OUT THEREIN; TO INCREASE THE SAID FEES; i (Single residence $2.45 per month; Commercial property $4.35 per month per cubic yard) with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hess, seconded by Director Hubbell, and submitted to the following roll call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; ' Noes - Director Bussey - total 1; Absent - None. With the motion for suspension of the rules having been adopted, the Ordinance was read the second time, followed I 111471 NOVEMBER 1, 1983, Cont'd. i by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to again suspend the rules and place the•Ordinahce on its third and final reading. A roll call vote was taken on the motion to suspend the rules with the outcome being: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackel- ford - total 6; Noes - Director Bussey - total 1; Absent - None. Therefore, the Ordinance was read the third and last time with the question of passage of the Ordinance being submitted to an Aye and No Vote, with the-results being recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 5; Noes - Directors Bussey and Shackelford - total 2. Absent - None. Whereupo the Ordinance,was declared, PASSED. Consideration was then given to Ordinance No. 14,549, containing the following caption: AN ORDINANCE AMENDING SECTION 15 -17.1 OF THE LITTLE ROCK CODE OF ORDINANCES AND THE SCHEDULE OF FEES THEREIN; TO INCREASE THE FEES FOR DUMPING IN THE SANITARY LAND- FILL; (Section 15- 17.1(a) and (b) ) ' and said Ordinance was read the first time, after which there was a motion by Director Hess; seconded'by Director Hubbell, 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 recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - Director Bussey - total 1; Absent None. With the rules having been suspended, there was a second reading of the Ordi- nance, followed by a motion from Director Hess, seconded by Director Hubbell, for a further suspension of the rules to allow for the third and final reading. A roll call vote on the suspension of the rules received the following response: Ayes - Directors Hubbell, Jones, Hess,, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - Director Bussey - total 1; Absent - None. Again, the rules were suspended and the Ordinance was read the third and last time. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which is recorded as follows: ' Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackel- ford - total 6; Noes - Director Bussey - total 1; Absent - None. Therefore, the Ordinance was declared PASSED. The last matter to be considered was Resolution No. 7,085, with the title being: A RESOLUTION AUTHORIZING AN AMENDMENT TO AMENDED LEASE DATED NOVEMBER 19, 1980 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, LESSOR, AND DOYLE O'KELLEY, LESSEE, PERTAINING TO THE OPERATION OF AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK IN LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. A lengthy discussion followed regard- ing code violations at the park. Mr. Lloyd Choate purchased the concession park last year from Mr. Doyle O'Kelley and was told at that time, the park had several code violations, including electrical work. Mr. Choate was charged last month with 36 I code violations involving the structures. Mr. Joseph C. Kemp, Attorney for Mr. Choate ' was present to request adoption of the Resolution, and to answer any questions Board Members might have. Director Weeks advised Mr. Kemp that he had not received a report why these structures have not been made to comply with the codes. He said, "the September 19, 1982 report speaks for itself and I asked that another Resolution be drafted eliminating three houses, that I'm told are not up to standard." At this 472111111 NOVEMBER 1, 1983, Cont'd. point, City Manager Susan Fleming advised that very substantial progress has been made in terms of meeting code standards. Mr. Kemp explained that the three mobile homes are needed for personnel, and upon question by Director Jones, stated he sees no objection to chain link fence being installed around them. He also stated that ' Mr. Choate agrees to delete a mobile home designated as Building #8, leaving twelve buildings in full compliance. Director Shackelford inspected the property and said much progress has been made. Mr. Roy Beard, Chief of Protective Inspections advised that work on Building #2 should be completed in two or three days, and the corrections on the older trailer (Building #8), have been completed. After further discussion, Director Weeks made a motion to amend the Resolution to: "Delete Building #8, install fencing around the properties, and bring all the structures up to standards within thirty days." The motion was seconded by Director Hubbell and unanimously adopted by members of the Board of Directors present. A subsequent motion then followed by Director Weeks, seconded by Director Hubbell, that the Resolution, as amended, be adopted. A roll call vote was taken which adopted the Resolution, as amended, with the results recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 7; Noes - None; , Absent - None. There being no further business to be presented, it was moved by Director Hubbell seconded by Director Hess, and unanimously carried that this meeting be adjourned at 8:00 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, November 15, 1983 at 7:00 o'clock P. M. ATTEST: (a� "' APPROVED: City Clerk Jane Czech Mayor J. W. Benafield - i i I I 1173 Board of Directors Chamber Little Rock, Arkansas November 15, 1983 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:00 o'clock P. M. with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The meeting was opened with the Invocation being given by Director Hess. The Consent Agenda was the first presentation consisting of the following items: (a) Approve the Minutes of the previous meeting held November 1, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of September, 1983. (c) Resolution No. 7,086, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE NECESSARY LEGAL PROCEEDINGS TO ACQUIRE LANDS ON THE EAST BANK OF ROCK CREEK BETWEEN BOYLE PARK AND KANIS PARK. (d) Resolution No. 7,087, with the title being: A RESOLUTION ENDORSING THE PAIRING PROJECT SPONSORED BY THE ARKANSAS I PEACE CENTER - PAIRING LITTLE ROCK AND FRUNZE IN THE KIRGHIZ REPUBLIC, USSR, IN THE INTEREST OF WORLD PEACE. (e) Motion to set the date for public hearing on December 6, 1983, on Zoning Appeal (Z- 4089), to rezone 5420 West 33rd Street, from "R -4" District to "MF -24" Multi- family District. (f) Resolution No. 7,088, described as: A RESOLUTION AUTHORIZING AND DIRECTING THE LITTLE ROCK PORT AUTHORITY AND THE CITY OF LITTLE ROCK, ARKANSAS, TO EXECUTE AND DELIVER TO MISSOURI PACIFIC RAILROAD CO. AN EASEMENT FOR RAILROAD PURPOSES. (g) Resolution No. 7,089, containing the following caption: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF LAVERNE WILLIAMS PURSUANT TO AN OPTION TO PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND LAVERNE WILLIAMS AS TO TRACT P, AREA 201, LITTLE ROCK PORT INDUSTRIAL PARK, SAID DEED TO CONVEY THE LAND AS DESCRIBED HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES. (h) Resolution No. 7,090, entitled:' A RESOLUTION REQUESTING THE MISSOURI PACIFIC RAILROAD COMPANY TO REFRAIN FROM PARKING RAILROAD CARS ON ITS TRACK ADJACENT TO RIVERFRONT PARK. (i) Resolution No. 7,091, described as: A RESOLUTION ESTABLISHING A POLICY FOR REIMBURSEMENT OF THE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS FOR EXPENSES INCURRED FOR OFFICIAL TRAVEL, LODGING, AND INCIDENTALS. By motion of Director Weeks, seconded by Vice Mayor 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 November 1, 1983, were approved as written and summarized to the members of the Board of Directors; (b) The Comparative I- 47'" NOVEMBER.15, 1983, Cont'd. Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c & d) Resolutions No. 7;086 and 7,087 were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; ' (e) Motion was made and adopted to set the date for public hearing on December 6, 1983, to consider Zoning Appeal Z -4089 to rezone 5420 West 33rd Street; (f, g & h) . Resolutions No. 7,088, 7,089 and 7,090 appeared on the Agenda as Items 10, 11 and 12, which were non - controversial issues and the Board unanimously agreed to place them on the Consent Agenda. Therefore, they were read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; and (i) Director Hubbell made a motion, seconded by Director Weeks, that a Resolution be placed on the Consent Agenda to establish a travel policy for the Board of Directors. The motion was unanimously adopted and Resolution No. 7,091 was then read in full and adopted by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' Under Citizen Communications, Mr. Charles Matthews, Chairman of the Board of • Trustees of the Museum of Science & History was present, accompanied by Vice Chairman I Gilbert Korenblat, who requested that the Board of Directors consider the proposed eleven appointments to the Museum Board of Trustees at this time, because they would like a full Board in attendance as the Museum Board is about ready to embark on an ambitious program where they are bringing in some professionals and experts in the field of museum studies. Director Hubbell advised Mr. Matthews that the Board of Directors can not appoint non - residential persons, but will make appointments according to the Board's legal authority at the time appointments are made to the various Boards and Commissions later in the meeting. I A proposed Ordinance had been placed on the Agenda approving a Planned Commercial Development located at the S/E Corner of 12th and Spring Streets titled "Tropical Galleries PCD" for storage of tropical plants. Mayor Benafield announced that the ' applicant had requested that this matter be deferred until December 6th; therefore, no action was taken. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z- 3371 -A - From James S. Hall for Birch Brook, Inc., to rezone 33 acres (long legal description) at the N/E Corner of I -430 and Colonel Glenn Road, from "MF -12" Multi- family to "0 -2" General Office with 200 ft. floodway on the North "OS." Z -4097 - From Hartford Hamilton to rezone 3712 Woodland Heights Road, from "R -2" Single - family to "0 -3" General Office District. Z -4098 - From R. K. and Margaret W. Wooten, et al, to rezone 22.86 acres on Alexander Road west of Sardis Road (long legal description), from "R -Z" Single - family to "I -1" and "I -2" Industrial District. Z -4099 - From Warren Pleasant to rezone 1118 West 3rd Street, described as the E 75' + of Lots 4, 5 & 6, Block 294, Original City, from "C -4" Open Display to "C -3" ' General Commercial District. Z -4111 - From Pat Brasko for Pat Salmon to rezone the 300 Block of Pepper Street described as the S 1/2 of Lots 1 & 2 and all of 3, Block 2, Garland Addition, from �ll 75 November 15 1983, Cont'd. "R -4" Single - family to "I -2" Light Industrial District. i I 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. 14,550 as follows) Ordinance No. 14,550 was presented with the title being: 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; 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 Hess, seconded by Director Bussey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Bussey and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds ' or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. At the request of City Manager Susan Fleming, the following Ordinance No. 14,551 to issue a Conditional Use Permit at 9418 New Benton Highway for Temple Baptist Church, as approved by the Planning Commission was added to the Agenda and presented, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 9418 NEW BENTON HIGHWAY (Z- 4115), TEMPLE BAPTIST CHURCH SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For an expansion to church facility in "R -2" Single - family District) with there being a first reading of the Ordinance. A motion followed from Director Hess, seconded by Director Weeks, for a suspension of the rules and the placing of th Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time with an ensuing motion then being made by Director Hess 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 seven in number and two- thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced ' that the Ordinance had PASSED. Ordinance No. 14,552 was the next presentation, entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 14,517; TO CORRECT THE MISTAKEN REPEAL OF ORDINANCE NO. 14,036; DECLARING AN EMERGENCY; (Re: Master Parks Plan) J 47� November 15, 1983, Cont d. and said Ordinance was read the first time, after which there was a motion by Director Hubbell, seconded by Director Hess, 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, follow- ed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance together with the Emergency Section was declared PASSED. Introduced at this time was Ordinance No. 14,553, described as: AN ORDINANCE TO REINSTATE THE PROVISIONS OF ORDINANCE NO. 14,036 ERRONEOUSLY REPEALED BY ORDINANCE NO. 14,517 SECTION 7; DECLARING AN EMERGENCY; (Re: Master Parks Plan) and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Hess, 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 Shackelford and seconded by Director Jones, to further suspend" the rules and place the Ordinance on third and final reading. The motion was un- animously 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 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and 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 - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - i None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. The next presentation was Ordinance No. 14,554, containing the caption: AN ORDINANCE APPROPRIATING $10,000 FOR THE APPRAISAL OF KEY PARCELS OF LAND THROUGHOUT THE I- 630 /ROCK CREEK PARKWAY CORRIDOR; and said Ordinance was read the first time, after which there was a motion by Director ' Hubbell, seconded by Director Hess, 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 w as JI 1477 November 15, 1983, Cont'd. 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 and seconded by Directors Shackel- ford and Jones, respectively, 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 follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the 'Ordinance had PASSED. Resolution No. 7,092 was presented, with the title being: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND HAROLD W. BURLINGAME AND BARBARA JEAN BURLINGAME, D /B /A BROCK RESIDENCE INN, LITTLE ROCK, ARKANSAS 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 $8,000,000) ' and said Resolution was read in full. With there being no one present to speak in opposition to the proposal, a motion was then made by Director Weeks that the Re- solution be adopted. The motion was seconded by Director Shackelford, after which a roll call was taken and the Resolution adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Resolution No. 7,093 was the next presentation, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ENSCO, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELO - MENT REVENUE BONDS FOR FINANCING THE COST OF ACQUIRING,�CONSTRUCTING AND EQUIPPING CORPORATE HEADQUARTERS FOR INDUSTRY; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Not to exceed $1,000,000 - Located at 17th & Louisiana Streets) and there was a complete reading of the Resolution. With there being no one present to oppose the Resolution, a motion followed by Director'Weeks, seconded by Director ' Shackelford, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors'Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. A Public Hearing had been advertised for this time'and place regarding the approval of'the issuance of Capitol View Central Business Improvement District No. 4 Bonds, for the purpose of acquiring and renovating an existing hotel located at 625 West Capitol Avenue, Little Rock, Arkansas, in an amount not to exceed $7,000,000. Mayor Benafield 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. 7,094ibelow) Resolution No. 7,094 was presented, with the titleibeing: A RESOLUTION APPROVING THE ISSUANCE BY CAPITOL VIEW CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 4 OF THE CITY OF LITTLE ROCK, ARKANSAS OF NOT TO EXCEED $7,000,000 PRINCIPAL AMOUNT OF ITS REVENUE BONDS (CAPITOL VIEW LIMITED PARTNERSHIP PROJECT SERIES 1983; and after a complete reading of the Resolution, there was a motion by Director Weeks, 47811 III NOVEMBER 15, 1983, Cont'd. seconded by Director Shackelford, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein described: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. ' Immediately following the adoption of the three Resolutions regarding Bond Issues, Vice Mayor /Director Jones requested that a Staff Memorandum be prepared relative to Act 9 Bonds and presented at the next Agenda Meeting. The next matter appearing on the Official Agenda was the appeal of the revocation of the taxicab operator permit of Willie Bragg. There was no discussion, but a motion followed by Director Hubbell and seconded by Director Weeks, that the appeal be denied. The motion was adopted by unanimous voice vote of the Board Members present. Resolution No. 7,095 was presented, described as: A RESOLUTION APPROVING THE APPOINTMENT OF ROBERT TAYLOR TO THE LITTLE ROCK MUNICIPAL WATER WORKS COMMISSION FOR A TERM EXPIRING OCTOBER 31, 1991; and said Resolution was read in full, followed by a motion from Director Hubbell, seconded by Director Hess, that the Resolution be adopted. A roll call was taken ' which adopted the Resolution as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Resolution No. 7,096 with the title being: 'A RESOLUTION REAPPOINTING MRS. JANE SAUNDERS TO A-FIVE YEAR TERM AS A MEMBER OF THE LITTLE ROCK HOUSING AUTHORITY; AND FOR OTHER PURPOSES; (Said term expiring October 18, 1988) and the Resolution was read in its entirety. A motion was then made by Director Hubbell, seconded by Director Hess, which resulted in a roll call vote whereby the Resolution was adopted with the response being: Ayes - Director Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 7,097 was presented, containing the following heading: , A RESOLUTION REAPPOINTING MEMBERS TO THE PLANNING COMMISSION, AIRPORT COMMISSION, AND CITY BEAUTIFUL COMMISSION; (Planning Commission - William F. Rector, Jr., John Schelereth, & Ida Dokes Boles nominated by Directors Bussey and Hess; Airport Commission - Robert M. Wilson nominated by Directors Hess and Jones; City Beautiful Commission - Elizabeth Jones and Sharon Priest nominated by Directors Shackelford and Jones.) and after the Resolution was read, there was a motion by Director Bussey, seconded by Director Hess, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; I Noes - None; Absent - None. The last Resolution to be considered was No. 7,098, described as: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS MUSEUM OF SCIENCE & HISTORY BOARD OF TRUSTEES; (Kay Arnold, H. James Engstrom, Richard Holbert, Ed Ligon, Patricia McGraw, Walter Smiley, Joyce Springer and Carl Willock — terms expiring November 15, 1989.) ' and the Resolution was read in its entirety. A motion was made by Director Hess, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following roll call vote: Ayes - 1 / ♦1 � 47` NOVEMBER 15, 1983, Cont'd. Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and I Jones - total 7; Noes - None; Absent - None. (Note: (Jimmie Lou Fisher and Larry ' Wallace did not meet residential requirements, and ByronllR. Morse chose to remain on the Parking Authority. These names also appeared on the list recommended for appointment. Director Hess made a motion, seconded by Diirector Bussey, that appointments to the Museum Board be contingent upon qualifications for appointment. The motion was unanimously adopted by voice vote.) (Director To conclude the Board Meeting, Mr. Nathaniel Hill, of Human Resources, presented a report on the lawsuit over the new taxicab ordinance. Chancellor Lee Munson had ordered the two sides to'negotiate on the ordinance which requires cabs to assess fares with meters. He advised the proposed settlement consisted of a dual system of both metered rates and fares based on zones which would be:allowed through December 31, 1984; and, the deletion of the share ride concept. In general discussion the Board of Directors preferred not to approve the dual and retain meter fares only, and to continue the share ride concept. Therefore, Mr. Hill was directed to notify Chancellor Munson, Mr. Tom Robinson, owner of Capitol Cab Company, and the National Federation for the Blind of the Board of Directors' decision not to concur i in the proposed settlement. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Hess, and unanimous adoption by the Board Members present, the meeting was adjourned at 7:45 o'clock P. M. The Board of Directors will convene again in regular session on Tuesday, December 6, 1983 at 7:00 o'clock P. M. ATTEST: ?adte, --!— APPROVED: vv City Clerk Jane Czech Mayor J. W. Benafield I I I I ' I I I 480 Board of Directors Chamber Little Rock, Arkansas December 6, 1983 - 7:00 P. M. The Board of Directors of the City f Little Rock Arkansas met in regular Y g , session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Bussey, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. It was announced that a quorum was present and the meeting proceeded as herein recorded. The Invocation was given by Mayor Benafield. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held November 15, 1983. (b) Motion to set the date on December 20, 1983, on Zoning Appeal Z -4112, of Emmett Jones to rezone Lot 2, Marvin Bass Industrial Acres No. 2 Sub- . division (Wakefield Drive at West 65th Street), from "C -3" General Commercial to "I -2" Light Industrial or "C -4" Cpen Display District. ' (c) Resolution No. 7,099, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL PURCHASE OF PARTS, MAINTENANCE AND REPAIR SERVICES AND FOR AN ANNUAL CONTRACT FOR READY -MIX CCNCRETE. (d) Resolution No. 7,100, with the title being: i A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1984; ANa FOR OTHER PURPOSES. I (e) Resolution No. 7,101, described as: A RESOLUTION ADOPTING THE ICMA DEFERRED COMPENSATION PLAN. (f) Resolution No. 7,102, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A GRANT -IN -AID COVENANT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM WITH RESPECT TO THE TERRY MANSION. , (g) Resolution No. 7,103, entitled A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 15, BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (December 20, 1983) (h) Resolution No. 7,104, with the title being: A RESOLUTION SETTING THE PATE OF HEARING ON THE PETITION TO VACATE WINDSOR ROAD AND WINDSOR COURT SITUATED IN PHASE II, WINDSOR COURT TOWN - HOMES, A HORIZONTAL PROPERTY REGIME SITUATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS. (December 20, 1983) (i) Resolution No. 7,105, containing the following caption: A RESOLUTION SETTING A PUBLIC HEARING ON AMENDMENTS TO "THE MASTER STREET PLAN FOR DECEMBER 20, 1983. (j) Resolution No. 7,106, described as: A RESOLUTION SETTING A PUBLIC HEARING ON THE I -430 DISTRICT PLAN FOR , DECEMBER 20, 1983. J 81 DECEMBER 6, 1983, Cont d. I I (k) Resolution No. 7,107, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO APPEAL THE WILLIAMS V. BUTLER CASE. ' (1) Resolution No. 7,108, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF LAVERNE WILLIAMS, BRENDA THOMAS AND MYRLENE TURNER PURSUANT TO AN OPTION TO PURCHASE ENTERED INTO BY THE LIITTLE ROCK PORT AUTHORITY AND LAVERNE WILLIAMS AS TO TRACT P, AREA 201, LITTLE ROCK PORT INDUSTRIAL PARK, SAID DEED TO CONVEY THE LAND AS DESCRIBED HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES. (m) Resolution No. 7,109, containing the following'Iheading: A RESOLUTION REQUESTING MISSOURI PACIFIC (RAILROAD TO CEASE STORING BOXCARS IN PARK AREAS. By motion from Director Hubbell, seconded by Director Jones, which was adopted by unanimous voice vote of the Board Members presemt, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting were approved as written and summarized to the members of the Board of Directors;ll (b) Motion was made and adopted to set a public hearing on December 20, 1983 tolconsider Zoning Appeal Z -4112; and (c, d, e, f, g, h, i, j, k, 1 & m) Resolutions No.!7,099, 7,100, 7,101, 7,102, 7,103, 7,104, 7,105, 7,106, 7,107, 7,108 and 7,109 were read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Hubbel , Jones and Hess - total 6; Noes - None; Absent - Director Shackelford - total 1. A public hearing had been scheduled and advertised'ilfor this time and place on Revenue Sharing Funds for 1984. Mayor Benafield declared the public hearing open and invited speakers to come forward and voice opinions. There was no one present to address the issue and the public hearing was declared closed. At this point in the meeting, Mayor Benafield introduced and welcomed Scout Troop No. 30, Quapaw Council, St. Paul Methodist Church', who were present to observe I the Board Meeting. Under Citizen Communications, Mr. Robert Wortham, a member of the Fraternal Order of Police, spoke to the Board of Directors requesting the Board's favorable consider - ation to a fair wage proposal for the Little Rock Polic I emen for 1984. He filed a petition signed by approximately 1,400 persons supporting a fair and reasonable salary and benefit increase for all Little Rock Police i0fficers;. Mr. Cecil H. Higgins, 1728 North Moss Street, North Little Rock, Arkansas, spoke to the Board again (See Minute Record A -7, Pages 385 and 428) regarding construction of 'a sports arena along I -430 in or near North Little Rock. He said he had received an offer to loan funds to North Little Rock, Little Rock and Pulaski County Govern- ments, for the construction. I A public hearing had been scheduled for this time and place on the authorization of a Memorandum of Intent by and between the City of Little Rock, Arkansas, and Cole- man Dairy, Inc. pertaining to the issuance of Industrial Development Revenue Bonds in the amount of $1,500,000, for financing the cost ofl;acquiring, constructing and ' facilities for industry. Mayor Benafield declared the public hearing open equipping and when no one appeared to address the issue, the healing was declared closed and Resolution No. 7,110 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF 48II II DECEP4BER 6, 1983, Cont'd. LITTLE ROCK, ARKANSAS, AND COLEMAN DAIRY, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAR DEVELOPMENT REVENUE BONDS FOR FINANCING THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING FACILITIES FOR INDUSTRY; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a full reading of the Resolution, which was subsequently adopted upon , motion of Director Hubbell, seconded by Director Bussey, and by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Director Shackelford - total 1. Consideration was then given to Resolution No. 7,111, with the title being: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $2,800,000 REVENUE BONDS (CENTRAL SUPPLY BUILDING PROJECT) SERIES 1983; I � (S /E Corner of Markham & Scott Streets) and the Resolution was read in its entirety. A motion was made by Director Hubbell and seconded by Director Bussey, that the Resolution be adopted. A roll call followed and the Resolution was subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Director Shackelford - total 1. ' Introduced at this time was Resolution No. 7,112, described as: RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $1,185,000 REVENUE BONDS (SEVENTH AND SPRING STREETS PARTNERSHIP PROJECT) SERIES 1983A; (To purchase land, building and renovate building for office and commercial space.) and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Director Bussey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Mayor Benafield, Director Weeks, Bussey, Hubbell, Jones and Hess - total 6; Noes - None; Absent - Director i Shackelford - total 1. Resolution No. 7,113 was the next presentation, containing the following caption: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS OF NOT TO EXCEED $4,700,000 PRINCIPAL AMOUNT OF ITS REVENUE BONDS (SPRING PLAZA PROJECT) SERIES 1983; , (4th & Spring Streets) and there was a complete reading of the Resolution. A motion then followed by Directo• Hubbell and seconded by Director Bussey, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Jones and Hess - total 5; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Director Shackelford - total 1. Presented at this time was Resolution No. 7,114, with the title being: A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS . RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED $4,000,000 PRINCIPAL AMOUNT OF ITS MORTGAGE REVENUE BONDS, SERIES 1983 A (OUT -IN- THE -WOODS PROJECT); (D & J Project) and after the Resolution was read, there was a motion by Director Hubbell, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken which resulted ' in adoption of the Resolution by the following roll call vote: Ayes - Mayor Benafield Directors'Weeks, Bussey, Jones and Hess - total 5; Noes - None; Abstaining - Directol Hubbell - total 1; Absent - Director Shackelford - total 1. 48L DECEMBER 6, 1983, Cont'd. I Resolution No. 7,115 was presented, entitled: A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS PRINCIPAL AMOUNT OF RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED $6,000,000 ITS MORTGAGE REVENUE BONDS, SERIES 1983 A (WESTSIDE STATION PROJECT); and there was a full reading of the Resolution with an ensuing motion from Director Hubbell, seconded by Director Bussey, for adoption of the Resolution. The Resolution was adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Jones and Hess - total 5; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Director Shackelford - total 1. The next presentation was Resolution No. 7,116, des as: Icribed A RESOLUTION APPROVING THE ISSUANCE BY.THE CITY OF LITTLE ROCK, ARKANSAS I RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO-EXCEED $4,300,000 PRINCIPAL AMOUNT OF ITS MORTGAGE REVENUE BONDS, SERIES 1983 A (FHA INSURED MORTGAGE LOAN - GINNY'S VINEYARD PROJECT); and the Resolution was read in its entirety. A motion was made by'Director Hubbell and seconded by Director Bussey, that the Resolution beladopted. A roll call followed ' and the Resolution was subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Jones and Hess - total 5; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Director Shackelford - total 1. An application was next presented from Al Davenport for a Planned Unit Develop- ment - Short Form, on Lots 3, 4, 5 and 6 and the East 65 ft. of Lots 1 and 2, Block 195, Original City of Little Rock (S /E Corner of 12th and Spring Streets). The property is currently classified "HR" High Density Residential, with a Planned Commercial District proposed for tropical plant storage. The application had been approved by the Planning Commission, while the Staff recommended denial. Several citizens were in attendance to oppose the "PCD" with Rell. Silas E. Redd, of the St. Paul AME Zion Church at 12th and'Spring Streets being the first speaker. Rev. Redd requested that the Church be given written assurance that the zoning applied through the "PCD" could be changed, if necessary, and not commit the neighborhood to commercia ' zoning; also, that the plan offered is exactly what will be built and nothing more. Mr. Nathaniel Griffin, Director of Comprehensive Planning defined the "PCD" process for Rev. Redd, stating: "rest assured you will get 'Tropical Gardens' and nothing else." Mayor Benafield then directed City Attorney Jack Magruder to provide Rev. Redd with a legal opinion as described above. Rev. James Valult also spoke in opposition saying warehouse development should not be encouraged in the downtown area because it would detract from convention business. Mr. Al Davenp rt, the applicant, said the property had been an eyesore and a menace since a fire two years ago and that his plans would only mean good changes for the Church. The proposal had received the endorsement from the Quapaw Quarter Association. Mr. Henk Koornstra, a resident in the area, spoke in support of the development, stating it would be an improvement to the neighborhood. There was no further discussion and Ordinance No. 14,555 was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRI TITLED TROPICAL GALLERIES (SHORT FORM) "PCD" (Z- 4052 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the•first time. A motion then followed which suspended J 481 I DECEMBER 6, 1983, Cont'd. the rules and placed the Ordinance on its second reading, with the motion being made by'Director Hubbell, 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 ' at this time, after which the rules were again suspended to allow for the third and final reading of the Ordinance by a motion again made by Director Hubbell and seconded by Director Jones, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken I on the passage of the Ordinance with the resulting vote being: Ayes - Mayor Benafield i (who explained his Aye vote being cast with the direction that the legal opinion and a copy of the Ordinance be sent to Rev. Redd), Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - Director Bussey - total 1; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. Resolution No. 7,117 was presented, with the caption being: A RESOLUTION APPOINTING MR. A. JERRY JONES TO THE LITTLE ROCK PARKING AUTHORITY; (To fill the unexpired term of Ms. Jearlene Miller, said term ending 8 -1 -87) ' and after the Resolution was read, there was a motion by Director Bussey, seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Hubbell, Jones and Hess - total 6; Absent - Director Shackelford - total 1. Director Bussey was excused. Zoning Appeal (Z -4089) from Marwan Kamalmaz was considered at this time to rezone Lot 8, Block 1, Ruebel & Leymer Addition (5420 West 33rd Street), from "R -4" Two - family District to "MF -24" Multi - family District, for a rooming house. A five foot right -of- way was needed which Mr. Kamalmaz agreed to dedicate. The Planning Commission denied the request September 27, 1983, and the Staff also recommended denial citing a poor housing environment. Mayor Benafield declared the public hearing open and after Mr. Kamalmaz presented his proposal, there was no one else desiring to address the issue, the hearing was closed and the proposed Ordinance presented, described as: , AN ORDINANCE RECLASSIFYING PROPERTY 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; 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 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 again 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 Hess, seconded by Director Weeks, 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 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 - None; Noes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total Absent - Directors Bussey and Shackelford - total 2. Mayor Benafield then announced that the Ordinance had FAILED to pass. J� 85. aEMBEIP Coon - The following application for a Planned Unit Development was presented at this time, as approved by the Planning Commission on November 15, 1983: Z -4071 - From Ron Tabor of Flake & Company to rezone property in the 8400 Block ' of Cantrell Road (long legal description), from a "PUD" Residential District to a Revised "PUD" Residential District. No one present opposed the proposal and Ordinance No. 14,556 was introduced, with the title being: AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE NO. 13,856 AND THE APPROVAL OF A PRD DISTRICT ENTITLED ROBINWOOD EAST "PRD" (Z -4071) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6 -101 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; i and after a first reading of the Ordinance, there was a motion by Director Hess, 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 five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Weeks and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received ' unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess'- total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. The Ordinance was then declared PASSED. Another application (Z- 4080 -A) for a Planned Unit Development was presented and approved by the'Planning Commission on November 15, 1983, from Frank Whitbeck for Joe Bunnell, to rezone 1517 Cantrell Road described as Lots 5 & 6, Block 361, J. H. Morley Subdivision to the City of Little Rock, Arkansas, from "0 -3" District to a Planned Commercial Development for an antiques and retail sales shop. There were no objection to the rezoning and Ordinance No. 14,557 was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT ' ENTITLED BUNNELL'S "SHORT FORM" PCD (Z- 4080 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Hess which was seconded by Director Weeks, that'the rules be suspended and the Ordinanie 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 Weeks and seconded by Director Hubbell, 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 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 4uestion, Shall the Ordinance Pass, resulting in the following vote: Ayes - Mayor Benafield, Director Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. It was therefore, announced that the Ordinance had PASSED. i 480111111 I DECEMBER 6, 1983, Cont'd. The following applications for rezoning was presented at this time, as approved by the Planning Commission on November 15, 1983: Z- 3654 -A - To rezone 5512 Patterson Road, from "C -3" General Commercial to "I -2" , Light Industrial District, as requested by Samuel Peters, III. Z -4086 - From Attorney William L. Terry for Independent Tire Company, Inc. to rezone 5501 South University Avenue (long legal) from "R -2" Single - family to "C -4" Open Display District. Z -4113 - From Jimmy Miller for Worthen Management to rezone 623 West Markham Street, described as the W 50' of Lots 1, 2 & 3, Block 123, Original City Addition, from "C -4" Open Display to "C -3" General Commercial District. Z -4119 - From Bill McClard for Terry Fleming to rezone the N/W Corner of South University and Mabelvale Pike (long legal description), from "C -3" General Commercial to "C -4" Open Display District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,558 as follows) There was presented Ordinance No. 14,558, 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; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hess, seconded by,Director Weeks, and by I 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Weeks, second 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 five in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the 'passage of the Ordinance, which , resulted as herein described: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,559, containing the following caption: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF STREET IMPROVEMENT DISTRICT NO. 634 OF LITTLE ROCK, ARKANSAS; (Filed in connection with the Ordinance was a petition signed by owners of real property within the district, recommending Janis V. Moseley be appointed a commissioner to fill the unexpired term of John B. May.) and after a first reading of the Ordinance, there was a motion by Director Hess, 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 five in number and two - thirds or more of the members of the Board of i Directors - elect. There was a second reading of the Ordinance, followed by a subsequent' motion made and seconded by Directors Weeks and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors- elect, and the third and last reading 74 5 DECEMBER 6 1983, Cont'd. 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 - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Mayor Benafield then announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,560, described as: AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1984; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; and said Ordinance was read the first time; after which there was a motion by Director Hess, 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 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 li 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 Weeks, seconded by ' Director Hubbell, 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 last reading of the Ordinance, follow ed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Hubbell and Hess - total 4; Noes - None; Abstaining - Director Jones - total 1; Absent - Directors Bussey and Shackelford - total 2. The Emergency Section contained in Section 4 of the foregoing Ordinance, was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Hubbell and Hess - total 4; Noes - None; Abstaining - Director Jones - total Absent - Directors Bussey and Shackelford - total 2. Therefore, the Ordinance, to- gether with the Emergency Section was declared PASSED. Ordinance No. 14,561 was the next presentation, entitled: ' AN ORDINANCE LEVYING ADDITIONAL. PRIVILEGE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1984; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; and there was a first reading of the Ordinance. A motion was then made by Director Hess 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 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 Weeks and seconded by Director 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 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 Shall the Ordinance Pass, resulting in the following vote: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. 4881 DECEMBER 6, 1983, Cont'd. The Emergency Section contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. It was then announced that the Ordinance, together with , the Emergency Section, had PASSED. Consideration was given at this time to Ordinance No. 14,562, with the title being: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF FOR 1984; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Hess, 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 five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Weeks and seconded by Director Hubbell, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Ordi- nance and resulted as follows: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. The Emergency Section being Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Whereupon, the Ordinance, and the Emergency Section, were declared PASSED. Ordinance No. 14,563 was presented, entitled: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTIONS 4 -42 AND 4 -43 PERTAINING TO SUPPLEMENTAL TAX UPON GROSS PROCEEDS OR GROSS RECEIPTS FROM THE SALE OF ' ALCOHOLIC BEVERAGES; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Hess, seconded by Director Weeks, 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 Weeks, seconded by Director Hubbell, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance, with the response being: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2: , The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Hubbell, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. It was therefore, announced that the Ordinance, together / V I 489 DECEMBER 6, 1983, Cont'd. with the Emergency Section had PASSED. A proposed Ordinance was presented, containing the following heading: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR ' THE PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; and the Ordinance was read the first time. A brief discussion was held regarding the proposed operating budget. City Manager Susan Fleming advised the City is still negotiating with two employee groups for 1984 salaries. Ms. Amanda Saar and Ms. Kathy Wells, representing Rape Crisis, Inc., presented a request for a 1984 allocation of $3,975.00. It was generally agreed by Board Members present to leave the proposed Ordinance on the calendar for second reading and discuss the appropriations.at the December 14, 1983 Agenda Meeting. Therefore, no action was taken, and the proposed Ordinance will be placed on the December 20, 1983 Official Agenda for second reading. A proposed Resolution was the.next presentation, entitled: A RESOLUTION ESTABLISHING A REVIEW PROCESS FOR ACT 9 INDUSTRIAL REVENUE BONDS; and there was a full reading of the proposed Resolution. The proposed Resolution ' would require all applicants, after the issuance of a Memorandum of Intent and before final approval, to submit full development particulars to the Office of Comprehensive Planning. Director Jones stated this proposal would allow the Planning and Engineer- ing Departments to have some input. After brief discussion, the proposed Resolution was left on the calendar to allow further study, and no action was taken. To conclude the meeting, Director Weeks who is a member of the Transit Policy Board, presented the Mass Transit Management, Inc. Report No. 45 covering the period October 1, 1983 through October 31, 1983. The Ridership and Revenue Report for October showed: Revenue of sixty -two cents per mile; Expense of $2.03 per mile. The Revenue amounted to 31% of total expenses. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hess, and unanimously carried that this meeting be recessed at 8:30 o'clock P. M., and that the Board of Directors reconvene on Wednesday, December ' 14, 1983 at 1:30 o'clock P. M., for the purpose of considering the CPC International, Inc. Bond Issue. ATTEST: LC APPROVED: �"^✓ I I City Clerk Jane Czech Mayor J. W. Benafield 49Q11!'1 11I Board of Directors Chamber Little Rock, Arkansas December 14, 1983 - 1:30 P. M. The Board of Directors of the City of Little Rock., Arkansas reconvened from the December 6, 1983 regular meeting with.Vice Mayor Jones presiding, and Jane Czech, City Clerk, with the following Directors present: .Directors Hess, Weeks and Bussey -,total 3; Absent - Mayor Benafield, Directors Shackelford and Hubbell - total 3. Vice Mayor Jones announced that a quorum was present and the proceedings of the meeting are recorded as follows. At this point in the meeting, Director Bussey.presented a plaque to Mr. Everett Tucker, Jr. for outstanding service on the Private Industry Council, and a Certifi- cate of Appreciation:from the Board of Directors. Other members of the Private Industry Council were present for the presentation. Vice Mayor Jones stated the purpose of the reconvened meeting was to hold a public hearing on issuance of CPC International, Inc. Industrial Development Revenue ' Bonds for the purpose of financing the costs of constructing and equipping facilities at 8500 Frazier Pike, not to exceed $1,000,000, for in -plant peanut storage and handling facilities. The public hearing was declared open and when no one appeared to speak for or against the proposal, the public hearing was declared closed. The public hearing and Ordinance authorizing issuance of the bonds will therefore, be placed on the December.20, 1983 Agenda. There being no further business to be.presented, it was moved by Director Weeks, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 1:40 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Tuesday,.December 20, 1983. ATTEST: APPROVED: , City Clerk Clerk Jane Czech Vice Mayor Myra ones. I I J Board of Directors Chamber Little Rock, Arkansas December 20, 1983 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session. In the absence of Mayor Benafield and Vice Mayor Jones, Director Hubbell was designated to act as Chairman, with Jane Czech, City Clerk present, and the following Directors: Directors Hess, Weeks, Bussey and Shackelford - total 4; Absent - Mayor Benafield and Vice Mayor Jones - total 2. A quorum was declared to be present and the proceedings of the meeting are as follows: The Invocation was given by Director Weeks. The first matter to be considered was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held December 6, 1983 and the Reconvened Meeting held December 14, 1983. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1983. (c) Resolution No. 7,118, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR SUNNYMEADE, LEAWOOD BRANCH DRAINAGE IMPROVEMENT DISTRICT. (d) A Motion to set the date for public hearing on January 3, 1984'to hear Zoning Appeal Z- 2228 -A to rezone 317 -19 -23 North Van Buren Street, from "R -4" District to "O -1" District. (Denied by Planning Commission 10- 25 -83) (e) Resolution No. 7,119, with the title being: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS $5,600,000 OFFICE DEVELOPMENT REVENUE BONDS (CONTINENTAL TRAILWAYS BUILDING PROJECT) SERIES 1983. (f) Resolution No. 7,120, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT TO TRADE'PART OF GILLAM PARK FOR LAND IN THE FOURCHE BOTTOMS. (g) Resolution No. 7,121, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT AN EASEMENT FOR THE RELOCATION OF A GAS LINE IN CONJUNCTION WITH THE GILLAM PARK LAND TRADE. (h) Resolution No. 7,122, entitled: A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 7,083 OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK PERTAINING TO THE PROCEEDS OF FUNDS OF THE CITY OF LITTLE ROCK HOTEL AND RESTAURANT GROSS RECEIPTS TAX BOND (LITTLE ROCK CIVIC- CENTER PROJECT), SERIES 1980, ALLOCATED TO ASSIST IN DEFRAYING THE COST OF PROVIDING OFF STREET PARKING FACILITIES NECESSARY TO ACCOMMODATE THE CIVIC CONVENTION -HOTEL CENTER AT MARKHAM AND MAIN STREETS IN LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. By motion from Director Bussey, seconded by Director Weeks, 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 and reconvened meetings-.were.- approved as written and summarized to the members of the Board of Directors; 493!1111 I fit [lilt DECEMBER 20, 1983, Cont'd. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c) Resolution No. 7,118 was read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Chair- man Hubbell and Director Hess - total 5; Noes - None; Absent - Mayor Benafield and ' Vice Mayor Jones - total 2; (d) Motion was made and adopted to set the date for public hearing to hear Zoning Appeal Z- 2228 -A on January 3, 1984; and (e, f, g & h) Re- solutions No. 7,119, 7,120, 7,121 and 7,122 were read in full and adopted by the following roll call vote:_ Ayes - Directors Weeks, Bussey, Shackelford, Chairman Hubbell and Director Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. At the time allotted for Citizen Communications, Mr. James Karam, a downtown clothing store owner spoke to the Board in support of the Fraternal Order of Police in their pay dispute with the City. He said "the FOP's story isn't being heard and that other City priorities, such as streets and parks, should take a back seat to law and order." A public hearing had been set for this time and place on the Zoning Appeal Z -4412 from Mr. R. Emmett Jones to rezone Lot 2, Marvin Bass Industrial Acres No. 2 ' Subdivision located at Wakefield Drive and West 65th Street, from "C -3" General Commercial District to "I -2" Light Industrial District or "C -4" Open Display District, for a Harley- Davidson Motorcycle /BMW Dealership. The public hearing was then declared open and Mrs. Lillian Whitaker, owner of 6600 Wakefield Drive was the first person to speak. She was opposed to any zoning change for the above described property, and Mr. Larry Housley, #5 Cambridge Circle voiced opposition to both "I -2" and "C -4" Zoning. Mrs. L. B. Sontag who was unable to attend the meeting, telephoned to say .she would like to go on record in strong opposition to the proposed rezoning. Mr. William G. Crowe, Attorney for Mr. Jones explained that he had originally filed for "I -2" Zoning, but that "C -4" would be more than adequate and suggested an oral amend- ment to "C -4" would take most of the objections away. He presented a plot plan show- ing the property in question and the zoning of adjacent properties. Mr. Crowe said there has been some fear expressed that the property is going to be used as a junk , yard, adding: "as you know, 'C -4' would not permit that." He also stated he had talked to Mr. Nathaniel Griffin, Director of Comprehensive Planning, who stated that he and the Staff has no problem with amending the proposed zoning to "C -4" Open Display Director Weeks suggested that the public hearing be completed and that the ordinance be redrafted for "C -4" on the entire property. The public hearing was then declared closed and the proposed Ordinance to reclassify the property was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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 the proposed Ordinance was read the first time. There was further discussion in which Director Hess said that he would like to see the Planning Commission get a chance to look at it again. Mr. Crowe requested that the matter be considered again at the January 17, 1984 Board Meeting, which would give the Planning Commission an opportunity , to do so. There was no motion for the suspension of the rules; therefore, the matter remained on the calendar for second reading at the January 17, 1984 Board of Directors Meeting. $93 DECEMBER 20, 1983, Cont'd. I The following application for rezoning was presented at this time, as approved by the Planning Commission on December 13, 1983: Z -4130 - From the City of Little Rock, Arkansas, to rezone 34.42 acres South of Gillam Park, located at Sections 23, 24, 25 & 26, T -1 -N, Range 12 West, from "R -2" Single - family District to "M" Mining District. As there was no one present in opposition to the reclassification of the above - described property, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,564 as follows) There was presented Ordinance No. 14,564, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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 to allow for the second reading by motion of Director Bussey, seconded by Director Weeks, and by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director ' Bussey, seconded by Director Hess, 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 five in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordi- nance, which resulted as herein described: Ayes - Directors Weeks, Bussey, Shackel- ford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. It was then announced that the Ordinance had PASSED. A proposed Ordinance was the next presentation, with the title being: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Re: Satellite receiving dishes in all office and commercial districts.) with the proposed Ordinance being read the first time. Chairman Hubbell requested that in order for those desiring to study the proposal a little bit longer, that the Ordinance be left on the calendar for second reading at a later date; therefore, there was no motion for the suspension of the rules and the proposed Ordinance re- mained on the calendar for second reading. A public hearing had been scheduled for this time and place on amending the Master Street Plan for the addition and realignment of Aldersgate Road, West Baseline and Talley Road Extension. Chairman Hubbell announced that the public hearing was open and when no one appeared to address the issue, the public hearing was declared closed and Ordinance No. 14,565 was introduced, containing the following caption: AN ORDINANCE AMENDING THE MASTER STREET PLAN FOR THE ADDITION AND REALIGNMENT OF ALDERSGATE ROAD, WEST BASELINE AND TALLEY ROAD EXTENSION; 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 five in number and two - thirds or more of the members of the.Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequen motion made and seconded by Directors Bussey and Hess, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received i 49411 �J i DECEMBER 20, 1983, Cont'd. unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last read- ing of the Ordinance ensued. The question of passage of the Ordinance was then sub- mitted to any Aye and No Vote, which received the following response:: Ayes Directors Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the adoption of the I -430 District Plan. This Land Use Plan had received the endorsement of the Planning Commission. The public hearing was declared open and with no one present to object to the Plan, the hearing was declared closed and Ordinance No. 14,566 was presented, described as: AN ORDINANCE ADOPTING THE I -430 DISTRICT PLAN; and said Ordinance was read the first time; after which there was a motion by Director Bussey, 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 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 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 Hess, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results being recorded as follows: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. The Ordinance was therefore declared PASSED. Presented for consideration at this time was the petition from R. J. Van Patter, et al, requesting the closure of the East /West Alley through Block 15, Bellevue Addition. Attached to the petition was a certified copy of the plat of Bellevue Addition to the City of Little Rock, on record in the Pulaski County Circuit Clerk's ' Office, and a letter from Beach Abstract & Guaranty Company certifying the last apparent owners of abutting property. A public hearing had been scheduled for this time and place by Resolution No. 7,103, with notice thereof having been duly publish- ed on December 12, 1983 and :2cember 19, 1983 as required by Law. Chairman Hubbell i then declared the public hearing open, and with no one present to speak either for or against the alley closure, Ordinance No. 14,567 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 15, BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion from Director Bussey, 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 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 at this ' time to allow for the third and final reading of the Ordinance by a motion made by Director Bussey and seconded by Director Hess, which motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance �II II 95 I IN DECEMBER 20, 1983, Cont'd. the ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. Therefore, the Ordinance was then declared PASSED. A public hearing had been scheduled for this time and place regarding the closing of Windsor Road and Windsor Court situated in Phase II, Windsor'Court Townhomes, a horizontal'property regime within the City of Little Rock, by Resolution No. 7,104 adopted December 6, 1983, with Notice thereof having been duly published on December 12, 1983 and December 19, 1983 as required by Law. The petition was filed by Attorney Don F. Hamilton on behalf of various property owners on Windsor Court. Attached to the petition was a certified copy of the plat of Windsor Court Townhomes on file in the Pulaski County Circuit Clerk's Office, and a letter from Landmark Abstract & Title Insurance Company certifying the names of the last apparent owners of record of property within Phases III and II of Windsor Court Townhomes. Chairman Hubbell then declared the public hearing open. Mr. Bob Richardson, Consulting Engineer'representing Richard and Peggy Brown, who own a 40 -acre tract on the west side of Mr. Kelton Brown who owns a 40 -acre tract that this street services, was the first to speak in oppositio He stated that he was amazed at the Planning Commission's recommendation that this street be closed, but could understand, since there was no one present at the Planning Commission to oppose. He introduced Mr: Kelton Brown who explained, "I had the street way before these people bought it and it has been cut for years. I had an engineer present at the Planning Commission Meeting and Nat Griffin told him he didn't think they would close the street and so he left and went on back to his office, and that was it." He said it is the only access he has and the only way he can get to this piece of ground, and requested the street be left open. Mr. Richardson then advised the Board that he has checked with Mr. Bob Lane of the City's Engineering Department and their recommendation was against closing the street for two reasons: (1) there is no cul -de -sac provided at the end of the street, and•(2) this denies access to a landowner who already has access to this property. He further stated he had heard Mr: Ed Smith's comments were that the slopes in this land are too excessive to service all the land from this point, and I have to agree that the-slopes are excessive. Mr. Richardson presented a general vicinity map of the area, pointing out grades and access points, stating Mr.- Brown's intent is to develop this property as soon as I possible. He said to deny Mr. Brown access at the point in question, would be to deny him the ability to develop this property for a long time. In conclusion Mr. Richard- s son asked: "if we are to deny the access to this land at this point in time, which I feel is a critical point, what alternative access are these owners prepared to give Mr. Brown - are they going to provide him with access from another point, or they going to go ahead now and buy the lands required and dedicate the right -of -way re- quired to give him access to another point ?" He asked that the Board not vote to close the street. Chairman Hubbell asked if both Mr. Richardson and Mr. Hamilton object to this matter being heard by only five members of the Board. Mr. Richardson responded by saying, "we are willing to go with whatever vote this Committee would ' have - we trust your judgment - we would prefer it be heard before the full Board." Director Bussey said he was not prepared to vote at this time; therefore, the rules could'not be suspended for passage of the Ordinance. Mr. Don Hamilton, Attorney for the petitioners then spoke to the Board and introduced nine of the twenty -four 496 DECEMBER 20, 1983, Cont'd. petitioners who were in attendance. He presented a preliminary site plan and pointed out an old logging trail that established access long ago, to the particular piece of property. In response to Mr. Hubbell's question regarding the Board voting on the , matter at this time, he said: "we would be willing for this Board, as assembled to- night to vote on this." He further commented that a very thorough discussion was held at the Planning Commission Meeting with a vote of 7 -3 for the closure. Mr. Ed Smith, Engineer said he walked this piece of land in 1963, and there is an access. After further discussion, Chairman Hubbell declared the public hearing closed and advised the matter would be discussed further at the Agenda Meeting on January 11, 1983, and requested that the proposed Ordinance be read the first time, with the title being: AN ORDINANCE VACATING AND CLOSING WINDSOR ROAD AND WINDSOR COURT SITUATED IN PHASE II, WINDSOR COURT TOWNHOMES, A HORIZONTAL PROPERTY REGIME SITUATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; i and the Ordinance was read the first time. There was no motion for the suspension of the rules; therefore, the proposed Ordinance remained on the calendar for second , reading. A public hearing had been advertised for this time and place upon the question of issuance of Act 9 Industrial Development Revenue Bonds for CPC International, Inc., for the purpose of financing the costs of constructing and equipping facilities at 8500 Frazier Pike, not to exceed $1,000,000, for in -plant peanut storage and handling facilities. The public hearing was declared open by Chairman 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 #14,568.) Ordinance No. 14,568 was presented, entitled: AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE UNDER THE MUNICIPALITIES AND COUNTIES INDUSTRIAL DEVELOPMENT REVENUE BOND LAW, ACTS 1960 (EX. SESS.), No. 9, BY THE CITY OF LITTLE ROCK, ARKANSAS, OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS , (CPC INTERNATIONAL INC. PROJECT) SERIES 1983, FOR THE PURPOSE OF FINANCING CERTAIN INDUSTRIAL FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF LITTLE ROCK, ARKANSAS OF SUCH BONDS AND A LEASE AGREEMENT, AND.OTHER DOCUMENTS AND INSTRUMENT IN CONNECTION THEREWITH, AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY; ($1,000,000) and after a first reading of the Ordinance, there was a motion from Director Weeks-, 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 five in' number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance was then read the second time. A subsequent motion was made at this time by Director Weeks, 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 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_Director.- elect; and 497 DECEMBER 20, 1983, Cont'd. i 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 Hess, Weeks, Bussey, Shackelford and Chairman Hubbell - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. The Emergency Clause contained in Section 17 of the foregoing Ordinance was read and adopted by the following vote: Ayes - Directors Hess, Weeks, Bussey, Shackelford and Chairman Hubbell - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. It was then announced by Chairman Hubbell that the Ordinance, to- gether with the Emergency Section had PASSED. Ordinance No. 14,569 was the next presentation, containing the following caption: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984; APPROPRIATING FUNDS i FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; i and the Ordinance was read the second time having been read the first time on December 6, 1983. A motion followed from Director Bussey that the rules be suspended and the Ordinance be placed on third and final reading, seconded by Director Weeks, and un- animously adopted by vote of the Board Members present being five in number and two- thirds or more of the members of the Board of Directors - elect. Before the third reading of the Ordinance, City Manager Susan Fleming passed out a Budget Summary of items that will be included in the Budget reflecting results of the negotiated agree- ments with the International Association of Firefighters and with the Non - Uniform Group. It also reflects the original projections of a 4% increase for the Fraternal Order of Police. Mrs. Fleming advised that the Budget Summary also included $877,000 to be loaned to the Advertising & Promotion Commission to be repaid within one year at 1/2% interest above the going rate for governmental securities. A motion then followed by Director Hess, seconded by Director Shackelford, that the Ordinance be amended to include the Budget Summary provided by the City Manager. 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. The Ordinance, as amended, was then read the third and last time with the ensuing Aye and No Vote receiving the following response: Ayes - Directors Weeks, Bussey, Shackelford, Hubbel and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. The Emergency Section contained in Section 11 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. Whereupon, the Ordinance together with the Emergency Section, was declared PASSED. Consideration was then given to Resolution No. 7,123, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A TELECOMMUNICATION SYSTEM STUDY; with the Resolution being read in full. City Manager Susan Fleming recommended that the contract be awarded to the low bidder (Intergrated Communications Management - $18,500). A motion was then made by Director Bussey, seconded by Director Hess that the Resolution be.adopted. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackel- ford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. � J 49 111 jj� DECEMBER 20, 1983, Cont'd. Introduced next was Resolution No. 7,124, entitled: A RESOLUTION REVOKING THE TAXICAB PERMIT GRANTED TO JERRY PALMER; with said Resolution being read in full and thereafter adopted upon motion of Director Bussey, seconded by Director Hess, and the following roll call vote: Ayes - Directors ' Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. Ordinance No. 14,570 was then presented, described as: AN ORDINANCE AUTHORIZING POLICE CADETS TO ISSUE TICKETS CHARGING-PERSONS WITH PARKING VIOLATIONS; DECLARING AN EMERGENCY; and said Ordinance was read the first time; after which there was a'motion by Director Weeks, seconded by Director Shackelford, that the rules be suspended and the Ordinance I 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 I 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, seconded by Director Hess, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response I being recorded as follows: Ayes - Director Weeks, Bussey, Shackelford, Hubbell and I Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2 The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. It was therefore announced that the Ordinance and the Emergency Section were declared PASSED. The last matter to be considered was Ordinance No. 14,571, which did not appear on the Official° Agenda, but wa's added at the request of City Manager Susan Fleming, with the title being: ' AN ORDINANCE TO REPEAL SECTION 2 OF ORDINANCE NO. 14,548; TO REINSTATE THE PROVISIONS OF LITTLE ROCK CODE SECTION 15 -1(2) FIXING THE CHARGE AND METHOD OF BILLING OF FEES FOR COLLECTION OF GARBAGE, WASTE, TRASH AND REFUSE FROM MULTIPLE DWELLING AND COMMERCIAL PROPERTIES; DECLARING AN EMERGENCY; and there was a first reading of the Ordinance. A motion was then made by Director Bussey which was seconded by Director Hess, 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 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 again made by Director Bussey and seconded by Director Hess, 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 i 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 Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor J 9� DECEMBER 20 1983, Cont'd. Benafield and Vice Mayor Jones - total 2. The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, ' Shackelford, Hubbell and Hess - total 5; Noes - None; Absent - Mayor Benafield and Vice Mayor Jones - total 2. Therefore, the Ordinance together with the Emergency Section, was declared PASSED. There being no further business to be presented or to come before the Board of Directors and upon motion of Director Hess, seconded by Director Weeks, and unanimous I adoption by the Board Members present, the meeting was recessed at 8:05 o'clock P. M. to reconvene on Wednesday, December 28, 1983 at 1:30 o'clock P. M. to consider requests for one -time appropriations from various agencies, to be included in the 1984 Budget. APPROVED: ATTEST: ity Clerk Jane Czech Mayor J. W. Benafield I i i I I i I i i I 1 I i 504 Board of Directors Chamber Little Rock, Arkansas December 28, 1983 - 1 :30 P. M. , The Board of Directors of the City of Little Rock, Arkansas reconvened from i the December 20, 1983 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk and the following Directors present: Directors Hess, Weeks, Bussey and Hubbell - total 4; Absent - Director Shackelford and Vice Mayor Jones - total 2. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows. The purpose of reconvening was to consider Capital Expenditures in the 1984 I Budget. A general discussion evolved among Board Members regarding the various appropriations. In the discussion, Directors Hubbell and Hess suggested that amounts in the exhibit furnished by City Manager Susan Fleming for the Arkansas Arts Center, a. and b, items for the Central Arkansas Library and the Museum of Science and History be approved. Director Bussey wanted the $250,000 for the Branch Library to also be included in the Budget. Regarding the $29,400 for Central Arkansas Transit, Director Weeks who serves on the Transit Policy Board commented that "I do not want to shut th ' door on this request to grant CAT its full request." He pointed out the 8.9 per cent funding increase was tied to a 10 -cent raise in bus fares to fund the proposed servic expansion, which will add new bus routes and put additional buses on some - existing routes. Referring to outside agency appropriations,. Director Hubbell said the idea was that to receive more than a 4 per cent increase, it would be necessary for the agencies to provide justification. City Manager Susan Fleming presented a list of he recommended appropriations for equipment and special projects. Directors Weeks, Hubbell and Hess recommended that these items also be included in the appropriations. There was no further discussion and Ordinance No. 14,572 was presented, which I contained a list of the appropriations agreed upon, with the title being: AN ORDINANCE PROVIDING FOR APPROPRIATIONS FOR 1984 FOR OUTSIDE AGENCIES, EQUIPMENT AND SPECIAL PROJECTS, DECLARING AN EMERGENCY; (Outside Agency Appropriations: Arkansas Arts Center Roof Repair - $90,000; Central Library Facilities Study Priority One - $15,000, b. Recarpet & repaint ' Arkansas - a. - interior of Fletcher Branch - Priority Two - $15,000; Museum of Science & History - a. Window mounted A/C units - $1,250, b. Fire smoke & security alarm systems - $1,250, c. Specimen cabinets - $4,000, d. Printer & disk drive - $550., e. 15 ton A/C compressor - $4,000; Central Arkansas Transit Additional Operating Funds - $29,400. Equipment, Special Projects, Etc.: Street Resurfacing - $650,000; Drainage Improvements - $100,000; 1000 Gallon Pumper Truck - $123,500; OMS Fire Suppression System - $25,000; Signal Improvements - $273,000; 18 Digital Voice Protection System - $87,500; Drainage Projects - $300,000; Computer Equipment - $114,130; Copy Machine - $18,000; 23 Communication Terminal Modems - $36,000; Crime Eye Camera - $7,425; and 100 - Aerial Ladder Truck - $250,000.) with the Ordinance being read the first time. The rules were then suspended to provi for the second reading of the Ordinance, by a motion made by Director Hubbell, second- ed by Director Weeks, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made by Director Weeks and seconded by Director Hess, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the ' I 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 Hess, Mayor i Benafield Directors Weeks Busse and Hubbell - total 5• Noes - None: I 'I 50-i DECEMBER 28, 1983, Cont'd. Absent - Director Shackelford and Vice Mayor Jones - total 2. The Emergency Section contained in Section 2 of the foregoing Ordinance was then ' read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bena- field, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Director Shackelford and Vice Mayor Jones - total 2. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED.. The last matter to be considered was .Ordinance No. 14,573, containing the following caption: AN ORDINANCE WAIVING COMPETITIVE BIDDING, AWARDING A CONTRACT TO MOODY EQUIPMENT COMPANY, APPROPRIATING FUNDS; DECLARING AN EMERGENCY; I (For purchase of two salt spreaders for a total of $12,200.00) i and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Hess, 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 five in number and two - thirds or more of the members of the Board of Directors- elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hess and seconded by Director Hubbell, to, further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously i adopted by 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Director Shackelford and Vice Mayor Jones - total 2. ,The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Hess, Mayor Bene- field, Directors Weeks, Bussey and Hubbell - total 5; Noes - None; Absent - Director Shackelford and Vice Mayor Jones - total 2.. Mayor Benafield then announced that the Ordinance, together with the Emergency Section had PASSED. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 2:15 o'clock P. M.; and that the Board of Directors meet again in regular session on Tuesday, January 3, 1984 at 7:00 o'clock P. M. ATTEST: G{/nt (? APPROVED: ✓ `i I City Clerk Jane Czech Mayor J. W. Benafield 5021 III Board of Directors Chamber Little Rock, Arkansas January 3, 1984 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Benafield presiding and-Jane Czech, City Clerk, and the following Directors present: Directors Weeks, Bussey., Shackelford, Hubbell and Jones - total 5; Absent - Director Hess - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. I The Invocation was given by Director Bussey. The first presentation was the Consent Agenda, consisting of the following I items: (a) The Minutes of the previous meeting held December 20, 1983 and the reconvened meeting held December 28, 1983. (b) The Annual Audit Report of Oakland- Fraternal Cemetery for period ending October 31, 1983. (c) Resolution No. 7,125, entitled: , A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CONSTRUCTION OF PEDESTRIAN IMPROVEMENTS ON THE CONWAY, MARKHAM /CBD IMPROVEMENT PROJECTS. I By motion of Director Weeks,. 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 and reconvened meetings were approved as written and summarized to the Board of Directors; (b) The Annual Audit Report of Oakland - Fraternal Cemetery was received and filed; and (c) Resolution No. 7,125 was read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey,•Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Hess - total 1. A public hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on October 25, 1983 of Zoning ' Petition Z- 2228 -A, submitted by Mary Ann Phillips, requesting the rezoning of propert located at 317 - 319 -323 North Van Buren Street, described as Lots 1 and 2, Block 4, Pfeifer's Addition to the City, North one -half of the alley adjoining said lots on the South as closed by Ordinance No. 9,621, from "R -4" Two- family District to "O -l" Quiet Office District. The public hearing was declared open with Mary Ann Phillips, the applicant addressing the Board first. She advised that a Teal estate office is directly across the street, a tri -plex lies 30 feet north of the property and she owns a duplex, which takes the property completely out of single - family zoning. Mrs. Phillips further stated there was no neighborhood objectors; only the Planning Commission objected on the basis that it would be setting a precedent. Her basis I for appeal was that the precedent was set back in the 1930's when the business build- ing was built, and again in the 1950's when the tri -plex and duplex were built. Upon question by Director Weeks, she advised there will be no site change or remodeling, that the property will stand as is, and that it is to be used as her real estate ' office. Director Weeks had a problem with this requested rezoning being an "upsetting operation." Mr. Nathaniel Griffin, Director of Comprehensive Planning advised, "if we rezone, she would be able to redevelop the land and this would be 'spot zoning'." ` I $03 JANUARY 3, 1984, Cont'd. I Director Shackelford pointed out the Planning Coamission voted 11 against, due to the Hillcrest Plan, and wanted the record to show the neighborhood has tried to adhere to the Hillcrest Plan. Mrs. Phillips said people are actually living in 317 and 319, and it is her desire to use 323 as her real estate office. There was no further discussion, the public hearing was closed, and the proposed Ordinance to reclassify the property was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR I i OTHER PURPOSES; 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 was seconded by Director Weeks and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time followed by an ensuing motion that the rules again be suspended to allow for the third and final I reading of the Ordinance at this time; with the motion being made by Director Bussey and seconded by Director Weeks, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the-Board of Directors - elect. The Ordinance was then read the third and last time;-after which there was an Aye and No Vote taken on the passage of the Ordinance with the response i being: Ayes —Directors Weeks and Bussey - total 2; Noes - Mayor Benafield, Director. Shackelford, Hubbell and Jones - total 4; Absent - Director Hess - total 1. There- fore, the Ordinance was declared to have FAILED. I A proposed Ordinance was the next presentation, described as: AN ORDINANCE VACATING AND CLOSING WINDSOR ROAD AND WINDSOR COURT SITUATED IN PHASE II, WINDSOR COURT TOWNHOMES, A HORIZONTAL PROPERTY REGIME SITUATED WITHIN THE . I CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the second time with the first reading having occurred on December 20, 1983. Mr. Don Hamilton, representing property owners petitioning for the street closures, was the first speaker. He Introduced twenty -four property owners on the two streets, who were present and had consented to the closures. Mr,., Hamilton presented a slide -show and map showing the terrain of the adjacent land, noting the property west of Windsor Court Townhomes is not within the City Limits; but, along with other property is involved in the annexation. He said that Windsor Road was originally supposed to be a cul -de -sac with a paved width of only 27 feet and unless the street is closed, it will become a collector street to handle traffic, if and when, the adjoining property to the west is developed. He further stated Windsor Road is simply not designed to be a collector street, and turning it into a collector street will affect the property owners. He pointed out that "a collector street should have a paved width of 36 feet. Windsor Court Townhomes has no off -site parkin and there.are almost always parked cars, with generally one -lane travel there right now. If there is a chance the property to the west is ever developed, it would simply be converted into a collector street. If you will notice the map I gave you, Becken- ham is a very nearby collector street to the south 36 feet wide paved . It is the street that gives access to the property to the west. Historically, it has done that there are logging trails off of Beckenham that go up and around that mountain. The property as Mr. Ed Smith will explain to you, is very rough and it makes more sense �10000 50 JANUARY 3, 1984, Cont'd. to take access from the south. The grades from Windsor Road to the property are excessive. There was initial concern by the City Engineer as to access - I think that has been addressed; .there was also concern from the Fire Department about the I size of the ladder trucks - the developer cured that concern and is willing to put ' in a turn - around at. the end:of Windsor Road to cure the problem. Moreover, a cul-de- sac at this location on Windsor Road will eliminate long cul -de -sacs which the Sub- division Rules and Regulations prohibit and discourage because that's even more of a problem to fire protection. Mr. Edward Smith, Consulting ,Engineer addressed the issue, stating that he first walked the mountain in 1963 to make a land study. He drove almost,up to the crest of the mountain in November, driving up both trails shown on the map, which,he stated were quite rough, but wasn't a bad drive, and is a good and satisfactory access. If Catalina (now Windsor Drive), is not changed to a private street, an attractive, existing condominium will be spoiled, just so that a potential high- density development can use their. preferred access, he said. Mr,. Smith continued "if Catalina is continued as a public right -of -way its function will change from a minor residential street to a collector. The extension of Catalina to the west on the map of Mr. Brown's shows it dead - ending at the next forty acres to the west, passe(' this forty. If a street is not pre- planned as a collector, it should not be allowed to become one.. There are alternate accesses to this land to the west. An access should be designed from Beckenham, which is a collector street and has the capacity to serve this land, If Catalina is extended, all of it will be steep.. The Fire Department will have much worse problems -if this street is extended and with cars parked on both sides, it will be the narrowest collector street in the City of Little Rock. I think, since our owner will provide a good and satisfactory cul -de -sac, there i will be no problem for the Fire Department because it will meet their rules." At this point, Director Hubbell commented: "what you are really doing is hoping to divert the traffic through your development through another neighborhood." Mr. Hamilton responded by saying, "we don't think that this is inequitable because Beck- enham is a collector street, thirty -six feet wide." Mr. Bob Richardson, Consulting Engineer who is opposed to the proposed street closures introduced Mr. Carl Fischer, President of Hillsborough Property owners. Mr. Fischer presented the following ' Resolution adopted by the Hillsborough Property Owners on December 31, 1983: "The property owners of Hillsborough continue to be.opposed to the proposed rezoning of the land west of Winsor Court to "MF -6" multifamily. However, we feel that the proposed foreclosure of the right -of -way through Windsor Road /Windsor Court transcends the issue of land use. Thus, we are opposed to the foreclosure of the prescribed right -of -way. We are concerned that if such,planned access is not granted, the traffic from the adjacent property will possibly be directed through our subdivision on Beckenham Drive. We are also concerned over the City's "Master Street Plan" which would make Beckenham Drive a future major through street; since it runs through our.subdivision, which contains many families with small children who utilitze our pool and recreational facilities which are located on this street. /s/-Carl R. Fischer Carl R. Fischer, President Hillsborough Property Owners Association" Mr. Bob Richardson presented remarks in the form of a letter which he distributed to Board Members. He represents Mr. Kelton Brown And his family who were present, and , Mr. and Mrs. Richard Smith who were present and own an adjoining forty acres to the west of Mr. Brown's. Mr. Richaidson's letter is as follows: �I I $10 5 JANUARY 3, 1984, Cont'd. "January 3, 1983 Board of Directors City Hall Little Rock, Ar. 72201 Dear Directors: SUBJECT: WINDSOR COURT STREET CLOSURE I have analyzed the Winsor•Court site and offer the following comments: 1. Mr. Brown currently has access to the land by way of Windsor Court. i This is currently the only city right -of -way servicing the property. To deny this access at this point in time -is to delay possible development.and present Mr. Brown with extensive development costs he otherwise would not incur. Mr. and Mrs. Smith would be denied eminent access to their land. 2. The approved plans of the street show drop- inlets at the end of the street indicating a planned street entension. 3. No turnaround has been provided or proposed. 4. 'My analysis indicates that the street may be extended west without , requiring any weivers of the Subdivision Regulations. 5. The Little Rock Engineering Dept. and the Fire Department recommended against closing this street. 6. The average slopes of this land are steep (i.e. up to 45 %) but the land can be subdivided into lots in accordance with the hillside regulations of the Subdivision Regulations. 7. In my experience this type of action normally would never reach this level of consideration for serious review with objecting landowners serviced by the street proposed-to be closed. I also feel that the claim that the street if extended would become a collector street is invalid. This is substanciated by Mr. Ernie Peters Firm. I further feel that the claim that access to the land to the west of Windsor Court should not be served by this street because it would have to go uphill and could better be served by Beckenham because you would then come downhill to the land is without merit.. It would be most difficult at best to service this land from the top of the hill off Beckenham. I am most sincere when I request that you not vote to close this street. In my 'opinion this street provides the best of possible accesses to the subject property. To deny this access point is, in my opinion, totally wrong both from an engineering point of view and from a moral point of view. Respectively Submitted, /s/ Robert J. Richardson PE, RLS" Mr. Ernie Peters, representing Mr. Kelton Brown, then spoke to the Board for the ' purpose of imparting his findings as they relate to anticipated traffic that might reasonably be expected on Windsor Court. Mr. Peters prepared a Report with the results provided to Members of the Board of Directors. He pointed out if the area to the west of Windsor Court is developed as single - family detached, as is appropriate under the "R -2" zoning, it would be expected that 9.1 vehicle trips per dwelling unit per day could be generated by each house that is built in that area. It is also reasonable to expect that if the area is developed in that fashion, approximately 1.6 dwelling units per acre can reasonably be constructed in this area. He did not feel that the extension of Windsor Court can by any means, adequately or appropriately serve the mass of undeveloped area to the west, but rather it could properly serve an area comprising approximately 49 acres. He further stated that if under a "worst case" development scenario, the entire 49 acres, including that portion of the Windsor Court Condominium Project which is currently built or approved, is developed under the "MF -6" zoning density and utilizing the Institute,of Transportation Engineers trip generation rate of 5.1 vehicle trips per unit, it would be expected that Windsor Court be required to accommodate over 1500 vehicles per day. Mr. Peters said this is totally not unrealistic for a street of 27 foot width to be expected to accommodate this type of traffic volume. The City of Little Rock Master Street Plan specifically 506111 11� JANUARY 31 1984, Cont'd. states that the appropriate service volume for a residential street is approximately 2800 vehicles per day. Relating to Mr. Smith's comments concerning the extension of I this street becoming a collector street, Mr.,Peters said it is not only unqualified as a collector street by its design standard, but that what "we" propose is that this ' street not be extended and become a through street, but rather that it be simply extended and become a somewhat longer cul -de -sac. Mr. George Pike, Attorney said in the first place the issue before the Board is whether the street which is in place li serves any corporate purpose. He further commented, "there has been no evidence that I have heard that would show.there is.no corporate purpose for this street, it was laid out for a public street, is used as a public street, it was specifically required to be extended all the way, to touch by Mr. Brown's property instead of being a cul-de- sac some 80 feet away, for the very purpose of allowing access into this land which lies to the west. It was designed for a corporate purpose and it is now serving a corporate purpose." He further stated, "where a street is closed and there is an abutting property owner who is denied access, that has to be paid for, and this Ordinance does not provide for this and therefore, would not be valid." Director Hubbell asked Mr. Pike, "what is the corporate purpose of serving lands outside the ' City of Little Rock ?" He responded by saying there is Planning Commission jurisdictio over five miles out, and Mr. Brown has already come in and asked for a subdivision plat that has not been.approved yet." Vice Mayor /Director Jones asked Mr. Pike the nature of his conflict of interest among Board Members. He stated that he understood Mayor Benafield lives in the Windsor Court Townhomes. Mayor Benafield informed that he will abstain from voting on the issue.. Mr. Pike continued by saying he also understood that Director Jones has relatives living in Windsor Court Townhomes. Director Jones advised that she had inquired of the Board's counsel if she did in fact, have a conflict of interest due to a previous divorce, and she requested counsel to make his words public. City Attorney Jack Magruder then stated that he had discussed both conflicts and in his opinion, neither are of such a legal nature that they would prohibit voting. As a matter of ethical propriety, if each Board Member feels he or she needs to abstain, certainly they can. Director Jones advised that she has no interest in any property in this area and she is not related to anyone , that does, but does not want to participate unfairly. Again City Attorney Jack Magruder advised Director Jones, "in my opinion, you don't have a problem." When Mr. Pike referred to Director Jones' children who might inherit the condominium property, Mr. Magruder advised Director Jones that "if this impairs or inhibits your ability to be objective about the question, then as a matter of ethical propriety, you should abstain; adding, if you can still be objective, I don't think you have a legal problem." Mr. Pike then said, "I would agree with that." Director Jones continued by saying, "I have very definite ideas about land use planning and I have been very verbal in my feelings about land use planning in the City of Little Rock. I came into this with an open mind, I want to*hear all sides of this particular issue, I can't tell you exactly what I'm going to do right now. I feel that I really should participate." Upon question by Director Jones, Mr. Brown stated he plans to develop twenty acres taking access off the Windsor Court Street, which is half of the entire , area and presently zoned single - family. When Director Jones questioned the nature of the development request,'Mr. Brown explained the plan was for apartments. Director Jones voiced concerns about density in that entire area and asked Mr. Brown if there y rbis could be developed in large estate lots. He advised if the road is JANUARY 3, 1984, Cont'd. left open, he will build single - family houses on the twenty -two acres to take access off Windsor Court, consisting of twenty to thirty homes. Mr. Brown said half the property could be developed in single - family homes taking access off Beckenham Road, ' and the other half also in single - family homes, taking access off Windsor Court. Upon question by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Master Street Plan in this area provides two east /west collector streets to the west - Beckenham and Pebble Beach. Director Jones questioned Mr. Griffin, "if there was an intention to continue Windsor Court to take access from acreage in behind it, would we have allowed the developer to come in and not put in any off - street parking ?" He responded by saying he was concerned about the whole situation and does i not think it advisable for a condominium project to have through traffic. Director Hubbell's concern was legally land- locking a property owner. Mr. Hamilton said he feels Director Hubbell hit on the "crux" of the matter; adding, "there is' other access as Mr. Smith st'ated'." Director Jones commented that 'she would like to encourage Mr. Brown to develop the land in large family lots. After further discussion, City Attorney Jack Magruder said he would like to review the statutes and answer questions after two weeks. There was no motion to suspend the rules for third and final reading and no further discussion. Therefore, the proposed Ordinance was left on the calendar for third and final reading on January 17, 1984 at 7:00 P. M. Introduced next was Ordinance No. 14,574, containing the following caption: I AN ORDINANCE AMENDING THE AMBULANCE SYSTEM CODE, ORDINANCE NO. 14,511 AND I CHAPTER 5 OF THE CODE OF ORDINANCES; and there was a first reading of the Ordinance. A motion followed from Director Weeks, 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 made by Director Shackelford 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 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 - Mayor Benafield, Directors Weeks, Bussey, 'Shackelford, Hubbell and Jones - total 6; Noes - None;' Absent - Director Hess - total 1. Whereupon, the Ordinance was declared PASSED. A proposed Resolution was presented, entitled: A RESOLUTION APPROVING A CHANGE IN H. A. BOWMAN'S DEVELOPMENT PLAN FOR PROPERTY AT SECOND AND ROCK STREETS, LITTLE ROCK; and the Resolution was read in full. Mr. Byron R. Morse representing Mr. Bowman, presented the proposed development plan explaining what he would like to do is change the development plan, purchase the 'property, develop it proper Ty as a parking lot, ' pave it, put in all the landscaping, pay for the property, and then start on a new kind of development plan that he hopes to do, and get rid of the railroad. He would like to get the property and develop it at a later date. Director Hubbell suggested it would be equally as good to give him.an option and when he comes in with the rest of his plan, approve and sell it to him. Iirector Hubbell mentioned the sale of one 50811 1 11 JANUARY 3, 1984, Cont other parcel of downtown property with a commitment that something was going to be built there and still isn't built, and I'm reluctant to go selling property again - I would love to give him an option to build a parking lot when he wants to. Mr. Morse asked, "should he go on and spend the money to build a parking lot on your property ?" , Mayor Benafield commented that he has some concerns due to the fact that this is a change. Mr. Bowman told the Board that all he was trying to do was buy a piece of property so that in the future he could develop it. He said he would make a pleasing unit out of it until he could develop it. Mr. Bowman further stated there was no time projection for the proposed development. Director Jones was in favor of extending the option for one year. Upon question by Board Members, Mr. Nathaniel Hill, Director of Human Resources felt a parking lot might have some merit. He suggested if after three years, Mr. Bowman has not exercised his option, that the City buy it back for I $42,500. Mr. Hill speculated that if the property is not developed within a certain time, the City could buy it back. Upon question by Director Weeks, Mr. Hill said he does not have a recommendation, but that a parking lot is not that objectionable. After further discussion, Mr. Hill then recommended that "we terminate the option and re -bid it on the basis of a parking lot." Director Weeks then made a motion to "defer ' this Resolution and decide what we are going to do - it seems to me we need to move." Mayor Benafield then said there were two choices: (1) to re -bid; and (2) give a one or two year option. At this point, City Attorney Jack Magruder declared the proposed Resolution withdrawn, and substitute Resolution No. 7,126 was presented, with the title being: A RESOLUTION TO EXTEND THE OPTION REQUIREMENTS ON CITY -OWNED PROPERTY LOCATED AT 400 EAST SECOND STREET; AND FOR OTHER PURPOSES; (For a period of two years) and after a complete reading of the Resolution, there was a motion by Director Weeks, seconded by Director Bussey, for adoption of the Resolution. A•roll call was taken and the Resolution was subsequently adopted as herein recorded: Ayes - Mayor Bena- field, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Hess - total 1. I The last matter to be considered was Resolution No. 7,127, entitled: ' A RESOLUTION APPOINTING EUNICE REED TO THE LITTLE ROCK AMBULANCE AUTHORITY; (To fill the unexpired term of Priscilla Watts, said term ending 7- 21 -86.) and said Resolution was read in full, followed by a motion from Director Bussey, seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Hess - total 1. I There being no further business to be presented, it was moved by Director Bussey, seconded by Director Weeks, and unanimously carried that this meeting be recessed at 9:15 o'clock P. M. to meet again in reconvened session on Wednesday, January 11, 1984 at 1:30 o'clock P. M. to consider appropriating funds for capital expenditures. ATTEST APPROVED: �y✓ Ip V City Clerk Jane Czech Mayor J. W. Benafield Board of Directors Chamber Little Rock, Arkansas January 11, 1984 - 1:30 P. M. 1 i The Board of Directors of the City of Little Rock, Arkansas reconvened from the January 3, 1984 regular meeting with Mayor Benafield presiding, and Jane Czech, City i Clerk present. The following Directors answered roll call: Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 5; Absent - Director Hess - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. Mayor Benafield stated that the purpose of the reconvened meeting was to discuss and consider one -time special programs and capital projects. City Manager Susan Fleming explained to Board Members there was an exceptional situation and immediate need to purchase a 22 cubic yard scraper for use by the Department of Public Works. She recommended the scraper be purchased from Clark Machinery Company at*the bid price of $127,000. Ordinance No. 14,575 was then ' presented, entitled: AN ORDINANCE WAIVING COMPETITIVE BIDDING; APPROPRIATING $127,000 FOR A SCRAPER; AND AWARDING A CONTRACT TO CLARK MACHINERY COMPANY; with there being a first reading of the Ordinance. There was a motion at this time from Director Hubbell, seconded by Director Bussey, to suspend the rules and place the Ordinance 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 was read the second time. The rules were then suspended for the third and final reading of the Ordinance -by a motion again made by Directors Hubbell and Bussey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the I ' results recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Hess - total 1. Whereupon, the Ordinance was declared PASSED. Mr. Jason Rouby, Director of Metroplan then presented a request for an appropriation of $36,150.00 needed to purchase a micro - computer system for that agency. He explained the equipment is needed to provide the services expected of Metroplan; that they currently have two small computers that are overused and there are problems with keeping them going. After further discussion, a proposed Ordinance was presented, with the title being: AN ORDINANCE APPROPRIATING $36,150.00 FOR PURCHASE OF COMPUTER EQUIPMENT FOR METROPLAN; and the Ordinance was read the first time. A discussion evolved among Board Members regarding capital expenditures. The operating budget is not complete due to a salary ' dispute between the City,and the Fraternal Order of Police. There is an expected $2,600,000 remaining to be used for capital improvements, but Director Hubbell said that he wanted to wait until the operating budget was complete, see how much money was left, and get the entire list of capital requests before approving any more expenditures. He further stated, "by dealing with them one at a time we'll get to J 51q _ L JANUARY 11, 1984, Cont'd. where we can't deal; I don't see there's any rush on any of these items; we spend so much time on zoning and so little time on the budget." After further discussion, City Manager Susan Fleming was requested to list her priorities and schedule meetings ' to review and study the Board and City Manager priority lists. Director Jones spoke regarding goal setting sessions and said she would like the Board to reaffirm "what our goals are." There was no motion for suspension of the rules; therefore, the I Ordinance remained on the calendar for second reading. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be I adjourned at 2 :25 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, January 17, 1984 at 7:00 o'clock P. M. ATTEST: APPROVED: City Clerk Jane Czech Mayor J. W. Benafield I I I I • I I I • I I I J � I 11 Board of Directors Chamber Little Rock, Arkansas January 17, 1984 - 7:00 P. M. ' I The Board of Directors of the Cit y of Little Rock, Arkansas convened in regular session at 7:00 o'clock P. M. with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Bussey, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The meeting was opened with the invocation given by Director Shackelford. The Consent Agenda was the first presentation consisting of the following items: (a) The Minutes of the previous meeting held January 3, 1984 and the reconvened meeting held January 11, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1983. (c) Resolution No. 7,128, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF THE ALLEY IN BLOCK 19, TOWN OF MABELVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February 7, 1984) (d) Resolution No. 7,129, with the title being: A RESOLUTION AUTHORIZING A TRADE OF LAND AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A DEED FOR THE TRADE OF LAND WITH THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR THE EXPANSION OF THE AIRPORT. (e) Resolution No. 7,130, described as: A RESOLUTION CHANGING THE NAME OF PINE CREST LANE IN PLEASANT VALLEY ADDITION TO VALLEY CLUB CIRCLE. (f) Resolution No. 7,131, consisting of the following caption: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A CONTRACT FOR THE SALE OF CERTAIN PROPERTY ALONG THE LEWIS DRAINAGE DITCH TO ' WORTHEN BANK. (g) Resolution No. 7,132, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A DEED FOR THE SALE OF LAND TO CONESTOGA WOOD COMPANY. (h) Resolution No. 7,133 with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE 5.54 ACRES OF LAND FOR $85,000 FOR THE DEVELOPMENT OF AFFORDABLE HOUSING IN EAST LITTLE ROCK. (i) Resolution No. 7,134, described as: A RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR FLOODWAY PURPOSES; COMMENDING TERRY MOORE & ASSOCIATES FOR THEIR DONATION; AND FOR OTHER PURPOSES. (j) Resolution No. 7,135, containing the following heading: A RESOLUTION COMMENDING CITY AND CAT EMPLOYEES, UTILITY COMPANIES AND ' THEIR EMPLOYEES FOR THE EFFORT IN OVERTIME WORK DURING THE RECENT BAD WEATHER AND COMMENDING THE GENERAL PUBLIC FOR THEIR PATIENCE. (k) Resolution No. 7,136, entitled: A RESOLUTION COMMENDING JOE BRATTON AND ED GILBERTSON, MEDIC VAC EMPLOYEES, FOR RESCUE OF TWO CHILDREN. J 5i I JANUARY 17, 1984, Cont'd. 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 held January 3, 1984 and the reconvened meetin held January 11, 1984, 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 for the month of November, 1983 was received and filed; and (c, d, e, f, g, h, i, j & k) Resolutions No. 7,128, 7,129, 7,130, 7,131, 7,132, 7,133, 7,134, 7,135 and 7,136 were read in full and adopted by the following roll call vote: I Ayes - Directors Shackelford, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey total 6; Noes - None; Absent - Director Hubbell - total 1. The following Zoning Petitions as approved by the Planning Commission were I presented at this time: Z- 3310 -A - From Arkansas Realtors Association, c/o Hathaway, Moore & Associates to rezone 10623 West Markham Street, described as Lot 1, Bessie C. Lewis Subdivision (1.26 acres), from "0 -3" Office and Institutional to "C -3" General Commercial District Z- 3572 -A - From Robert J. Richardson for W. V. Mathis and John Barger to rezone 8.7 acres on Alexander Road (long legal description) at the City Limits, from "I -2" , Light Industrial District to "R -7A" Mobile Home Subdivision. Z- 3794 -A - From Robert J. Richardson for Mr. and Mrs. R. A. Richardson to rezone 1717 Rebsamen Park Road (long legal description), from "I -2" Light Industrial District to "C -3 "-General Commercial District. Z- 3918 -A - From Robert J. Richardson for Dailey Drive and Baseline Investment Group to rezone the Southwest Corner of Dailey Drive and Baseline Road (Kerr Commercia Plat), from "R -2" Single- family District to "0-3" Office and Institutional District. - Z -4120 - From A. C. Dean to rezone the Northeast Corner of Vimy Ridge Road and County Line Road (1.7 acres, long legal description), from "R -2" Single - family Distric to "C -1" Neighborhood Commercial District. Z -4129 - From Hosman Real Estate for Johnny F. and Glenda Lawhon, to rezone .5 acres + located on Mabelvale Pike east of Main Street, from "R -2" Single - family District to "C -4" Open Display District. Z -4131 - From Alonzo D. Camp for Raymond A. Frug to rezone 2.4 acres + on West , Baseline Road north of I -30 (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District. No opposition was presented to the rezoning of the above - described properties and the Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,576 as follows) AN ORDINANCE RECLASSIFYING 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 said Ordinance was read the first time; after which there was a motion by Director Hess, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. 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 Ordinance, with the motion being made by Director Jones, seconded by Director Weeks, and adopted by unanimous vote of the members of the Board of Directors present, being JANUARY 17, 1984, Cont'd. 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 Shackelford, Jones and Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. Zoning application Z -4104 was the next presentation, from Jim Penick, III, Attorney for Munsey Products, Inc. to rezone the south side of I -30, 800 feet east of the intersection of Baseline Road and I -30, from "R -2" Single - family District to "I -2" Light Industrial District. There was no one present who opposed the zoning change and Ordinance No. 14,577 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR CIPHER PURPOSES; with there being a first reading of the Ordinance followed by a motion by Director Hess, 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 Jones, by Director Weeks, and unanimously adopted by the members of the Board (Seconded 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Shackelford, Jones and Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent - Director Hubbell - total 1. It was announced by Mayor Benafield that the Ordinance had PASSED. ' Consideration was then given to Application for Special Use Permit Z -4133 from Danella S. Grant requesting that she be permitted to operate a day care home located at 6524 "R "Street (Lot 11, Kavanaugh Place) in "R -2" Single - family District. No opposition was presented to the request and Ordinance No. 14,578 was presented, with the title being: AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 6524 "R" STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, APPROVING A DAY -CARE FAMILY HOME IN THE "R -2" DISTRICT; 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 Hess,. seconded by being in Director Jones, and unanimously adopted by the Board Members present, six 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 Weeks, 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 taken on the passage of the Ordinance with the response being: Ayes - Directors Shackelford, Jones, Hess, Mayor Benafield, Sill JANUARY 17, 1984, COnt'd. Directors Weeks and Bussey - total 6; Noes - None; Absent - Director Hubbell - total 1. Therefore, the Ordinance was declared PASSED. Application for Conditional Use Permit Z -4132 was the next presentation. The request was from the Olivet Baptist Church to Operate a Foster Child Care Facility at , 6801 West Markham Street, described as the Southwest corner of Markham and Hughes Streets, currently zoned "R -2" Single - family District. The request received the i approval of the Planning Commission December 13, 1983. With no one present to object, Ordinance No. 14,579 was introduced, containing the following caption: i AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6801 WEST MARKHAM (Z- 4132), OLIVET BAPTIST CHURCH, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES.; and said Ordinance was read the first time, after which there was a motion by Director Hess, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. 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 Ordi- nance, with the motion being made by Director Jones, seconded by Director Weeks, and again 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 results recorded as follows: Ayes - Directors Shackelford, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent - Director Hubbell - total 1. It was then announced that the Ordinance had PASSED. Conditional Use Application Z -4135 was the next presentation filed by Jayne Meadows to permit a tri -plex at 2321 Gaines Street in an "0-3" Zoning District. The Planning Commission approved the application on December 13, 1983 and when no one appeared to speak in opposition to the matter, Ordinance No. 14,580 was presented, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2321 GAINES ' STREET (Z- 4135), SETTING FORTH THE CONDITIONS ATTACHED THERETO; 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 Hess, 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, followed by a subsequent motion made and second- ed by Director Jones and Weeks, respectively, to suspend the rules and place the Ordi- nance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent - Director , Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. 145 JANUARY 17, 1984, Cont'd. Consideration was then given to Application Z -4138 from Tom Davidson, requesting a Conditional Use Permit for a Factory Outlet Mall located at 12000 New Benton Highway (I -30 and County Line Road), in a "C -4" Open Display District. The application - received the approval of the Planning Commission on December 13, 1983, and when no one spoke in opposition to the matter, Ordinance No. 14,581 was presented, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 12000 NEW BENTON HIGHWAY (Z- 4138), FACTORY OUTLET MALL, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Hess, 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 made to again suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made and seconded by Directors Jones and Weeks, respectively, 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 follows: Ayes - Directors Shackelford, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. Application Z- 2481 -C for a Planned Unit Development was the next presentation. The application was filed by Atley G. Davis for a Planned Unit Development at 7401 Geyer Springs Road (Lot 2, Davis & Peters Subdivision); titled "Geyer Springs mini- Mart PCD." The application received Planning Commission approval on December 13, 1983 and with no one present to object to the development, Ordinance No. 14,582 was presented, entitled: ' AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT T -ITLED GEYER SPRINGS MINI - WAREHOUSE (Z- 2481 -C) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43,OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion made at this time by Director Hess, 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 I 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 I following. A subsequent motion was made by Director Jones, 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 I ' - of the Board of Directors - elect. The third and last reading of the Ordinance resulted I 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 Shackelford, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 6; Noes - None; Absent'- Director Hubbell --total 1. The Ordinance was then declared PASSED. 51 i JANUARY 171 1984, Cont'd. Director Hubbell was enrolled. An application.for a Planned Unit Development (Z- 1716 -B) to be located at Highway #10 and South Ridge Road, just east of the fire station (long legal description),,was , the next presentation—The application was filed by Mr. James E. Hathaway, Jr. for Mr. George Christy.who desires to develop the property with a one - story office building, The Planning Commission approved the application December 13, 1983, with the Staff recommendation being denial. Mayor Benafield then asked that the proposed Ordinance be read the first time, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT. AND ESTABLISHING A PCD DISTRICT TITLED CHRISTY PCD (Z- 1717B) IN THE CITY OF LITTLE ROCK, ARKANSAS,.AMENDING CHAPTER. 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND_FOR OTHER,PURPOSES.; with there being a first reading of the Ordinance. A lengthy discussion followed with a large group.of property owners in Walton Heights, present to voice strong opposition. Mr. James E. Hathaway, representing.the applicant, was the first speaker. He presented a map of the proposed development plan pointing out.more parking space is, provided than with most plans. He mentioned several of the Staff concerns, one being that the site is inappropriately configured for the proposed use; with his response being "that , the site itself is shaped in.such a way that it dictates the configuration, which is. unsuitable for single - family zoning." Another Staff concern was a negative impact for property values in Walton Heights. Mr.. Hathaway responded with, "I submit there is absolutely no evidence that one property value in Walton Heights would be adversely impacted by the building of this low -rise one -story office building." Referring to the concern that the proposal is contrary -to the Suburban Development Plan adopted by the Board of Directors in September of 1980, Mr. Hathaway said the development communit I was repeatedly told that this Plan was to be a guideline and was not in fact, the pre- zoning of the City. He asked if there were any other rezonings that have been allowed by the City of Little Rock since this Plan was implemented, that did not exactly comply with this Plan; adding, "I. can think of several that I have been in- volved in. ". He further explained the Planning Commission approved the Plan with the following stipulations: (1) clean out debris and plant additional planting on South , Ridge Drive to.provide adequate screening; (2) agree not to install towers for any use, including large dishes used for television reception; (3) all utilities to be under -._ ground; (4) no buildings of a high elevation, and single story; and (5) to provide the buildings and grounds as shown on the drawings submitted.. In conclusion, Mr.. Hathaway stated, "I submit to you, this is a judgment issue." Mr., Chris Barrier, Attorney representing the Walton Heights Property Owners Association presented, opposition stressing protection of residential property values.. He reminded of the, Board's Policy and the City's Policy of looking at land use on an area basis rather than just one parcel at a time., The alternative both for the people in the area and for the Board, is to come down one parcel.at a time; and, in this case come down one lot at a time down Highway 410, and look at it lot by lot; look at public improvements lot by lot, to see what can be done, he said. He further commented, "the area for developers can be looked at as one large parcel, which is not always easy, but pack- ages can be put together - it has been done." Mr. Barrier said this is a very sensitiv , area in terms of traffic pressures and any changes in the Plan ought to involve all.the .people who are affected by it. It was Mr. Barrier's opinion that there is nothing about this Plan to integrate it with the residential use north of the Highway. J 11 11 17 JANUARY 17, 1984, Cont'd. Mr. Joseph N. DePalo of #4 River Mountain Road expressed his need to protect his investment, saying this development would not be beneficial to the area. Mrs. E. Pappas, 11800 South Ridge.ROad, voiced strong opposition referring to increased traffi ' being,a hazard to the many children living in Walton Heights.. She furthe commented that, "we don't need any more raping of land along Highway #10." Upon question by Director Hess, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised this property is presently zoned "R -2" which would allow approximately nine units based on current lotting standards; as a practical matter, you couldn't do that because of the property being irregularly configured; the Plan invisions attached residential develop- ment to a maximum of twelve units per gross acre, which would translate on this particular property into a theoretical maximum of eighteen units. Director Hess further questioned Mr. Griffin as to the value of a unit, if eighteen units were built on one and one -half acres.. Mr. Griffin was unable to estimate the cost. Director Hess who used to live.in Walton Heights and was aware of the traffic problems stated, "I don't feel like anyone will every buy the property and develop it as single - family. I do not feel we are voting against the Planning Commission. I don't think the Courts ' will ever uphold this if Mr. Christy decides to,go to Court. I feel.this is the best thing that could be put on the property." Director Jones commented referring to the question, "if it goes to Court, whether it will be upheld or not." She said, "everyon in this room knows a lot of the effort that has gone on in that corridor and that piece of land, and the many law suits that have been fought to retain quality land use in the area and I'm reminded that we did successfully, the City and the residents, fight a battle all the way to the Supreme Court and it was upheld to deny commercial zoning on the property which was the former Taylor Farm. One of the basis upon which this was upheld in the Court was a very old document which was a land use development plan, which was again, a guide and an outline, but the fact the City had adopted after careful consideration, a Plan for the area, was a major help in upholding this battle in Court. In this particular case, I have a great deal of difficulty finding the justification for departing from the Plan. If the Plan does say it is to be kept residential on the north side of Highway #10, and if in fact, someone comes in and ' says 'we find a need for office development in that area', close to where people live, then I would suggest they look at a great amount of undeveloped previously zoned 'office' land in the very, very nearby area probably within a half mile of this particular piece of property - I'm talking about the corner of Rodney Parham and Cantrell, and in the Schickel area. I'm not persuaded by this argument that there is a justification for departing from the Plan. I hope that we continue the policy that the property north of Highway #10 be maintained for residential development." There was no further discussion and a motion was made by Director Shackelford, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by a voice vote of six ayes with Director Hess voting No. With the motion having been adopted, there was a second reading of the Ordinance and a subsequent motion by Director Jones and seconded by Director Weeks, to again suspend the rules'and place the Ordinance on third and final reading. The motion was adopted by voice vote of six ayes and again, Director Hess voted No. The third and final reading of the Ordinance then followed with an Aye and No Vote being taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Hess - total 1; Noes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Jones - total 5; Abstaining - Director Hubbell - total 1; Absent - None. I r7i JANUARY 17, 1984, Cont'd. Mayor Benafield then announced that the Ordinance had FAILED TO PASS. Introduced at this time was Ordinance No. 14,583, described as: AN ORDINANCE AMENDING CHAPTER 43, SECTION 5- 101(F) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK (HEIGHT AND AREA EXCEPTIONS), REGULATING SATELLITE RECEIVING , DISHES IN COMMERCIAL FRONT YARDS; and the Ordinance was read the second time. The proposed Ordinance-was read the first time on December 20, 1983 as "An Ordinance Amending Chapter 43 Of The Code Of Ordi- nances Of The City of Little Rock, Arkansas; And For Other Purposes." There was no discussion and a motion followed from Directors Hubbell and Weeks, respectively, to suspend the rules and place the Ordinance on third and final reading.' The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, with an Aye and No Vote being taken on the passage of the Ordinance with the response being: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on Little Rock's , interest in participation in the Arkansas Enterprise Zone Program. Mayor Benafield then declared the public hearing open and when no one appeared to address the issue, the public hearing was declared closed, and Resolution No. 7,137 was presented, entitled: A RESOLUTION STATING THE CITY OF LITTLE ROCK'S INTEREST IN PARTICIPATION IN THE ARKANSAS ENTERPRISE ZONE PROGRAM AND DESIGNATION OF CERTAIN ENTERPRISE ZONES IN LITTLE ROCK AND OTHER PROVISIONS RELATED THERETO; and after a complete reading of the Resolution, a motion by Director Hubbell, seconded by Director Hess, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. A proposed Ordinance to vacate Windsor Road and Windsor Court had been placed on the Agenda for third and final reading; however, Mayor Benafield announced that the , matter was being deferred for two weeks. The proposed Ordinance therefore, remained on the calendar for third and final reading. The next presentation was Ordinance No. 14,584, containing the following heading: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTION 15.1(2) WITH RESPECT TO THE INCREASE IN COLLECTION FEES FOR SANITATION SERVICE; ($2.75) and there-was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Hess, 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 again made by Director Hubbell and seconde 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, rl JANUARY 17, 1984, Cont'd. Shall the Ordinance Pass. resulting in the following vote: Ayes - Directors Shackel- I ford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. ' Ordinance No. 14;585 was presented, entitled: AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FROM JANUARY 1, 1984 TO DECEMBER 31, 1984; and there was a first reading of the Ordinance. A motion then followed from Director Hubbell, seconded by Director Hess, that the Ordinance be amended to delete the names of Black & White Cab Company, Kenneth Britt and Robert Orlicek from the Ordinance. The motion was adopted by unanimous voice vote of the Board Members present. A lengthy discussion then followed in which Mr. Nathaniel Hill, Director of General and Human Services recommended that Black & White's permit not be renewed because the Company does not meet the City's insurance requairements of $25,000 for injury to a single person, $50,000 for injuries to more than one person and $15,000 for property damage. Mr. Hill said he sent Mr. John Hall of Black & White, a letter to fill out certain information and he submitted a Bond, which could not be accepted because every accident must have a minimum of $25,000 per accident; therefore, Black & White does not comply with State Law. Mr. John Hall, Jr., Attorney for Black & White said the whole issue is whether we can be self insured; adding, "the State allows us to be self insured." He explained that since June, 1983 the Company has gone self insured by securing a $25,000 bond with the State and setting up a trust fund which pays all claims against the cab company. Mr. Hall advised the reason for the change was becaus only one company in Arkansas insures cab companies and they wanted $154,000 a year to insure his 75 taxicabs. He continued by saying under his system of insuring himself, the $25,000 bond remains secured with the State and his company deposits $90,000 a year in a trust fund from which claims are paid. He said there is currently $52,000 in the trust fund. Upon question by Director Hess, City Attorney Jack Magruder advise that the City would not be liable for claims that Black & White can not pay. Director Shackelford questioned Mr. Hill, "if Black & White complies, can they come back and start all over again ?" His reply was "yes." Director Hubbell stated, "we have an obligation to see that citizens are protected and I do not think $25,000 per year is adequate - we want the cab companies insured." After discussion, a motion was made by Director Hubbell, seconded by Director Shackelford, that the rules be suspended and the Ordinance, as amended, be placed on second reading; with the motion being 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 Ordinance, as amended, was subsequently read the second time, resulting in a motion again made by Director Hubbell and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance, as amended. 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, as amended. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance, as amended, had PASSED. V 52 �� i JANUARY 17, 1984, Cont'd. The last-matter to be considered was Resolution No. 7,138, with the title being: A RESOLUTION REAPPOINTING MEMBERS TO THE CITY SAFETY COMMISSION OF LITTLE` ROCK; (Jeffie Cheatham, David Elms, Jr.,'Steve Kinzier, AIA, and William W. Honeycutt) ' with said Resolution being read in full'and thereafter adopted upon motion of Director Weeks, seconded'by Director Jones, and the following roll call voter Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey'- total 7; Noes - None; Absent - None. There being no further business to be presented, it was moved by Director Hess, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 8:45 o'clock P. M., and that the Board convene again in regular session at 7:00 o'clock P. M. on Tuesday, February 7, 1984. ATTEST: G% (�/ APPROVED: City Clerk Jane Czech Mayor J. W. Benafield * * * * * * * * * * II �21 Board of Directors Chamber Little Rock, Arkansas February 7, 1984 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Vice Mayor Myra Jones presiding and City Clerk Jane Czech, with the following Directors present: Directors Hess, Weeks, Bussey, Shackelford and Hubbell - total 5; Absent - Mayor Benafield - total 1. With a quorum being present, Vice Mayor Jones declared the Board of Directors in session. The Invocation was given by Director Hubbell. The first matter to be considered was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held January 17, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal � Water Works for the month.of December, 1983. I (c) A motion to set the date for a public hearing on February 21, 1984, to ' hear Zoning Appeal Z -4123 to rezone 10101 Rodney Parham Road, from "R -2" Single - family District to a Planned Commercial Development. (d) Resolution No. 7,139, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TRAFFIC SUPPLIES. (e) Resolution No. 7,140, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 33, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (Feb. 21, 1984) (f) Resolution No. 7,141, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE HIL I STREET BETWEEN I -430 AND BATTLE STREETS, AND BATTLE STREET BETWEEN BARKS - DALE ROAD (LOVELACE STREET) AND HILL STREETS, IN BOOKER HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Feb. 21, 1984) ' (g) Resolution No. 7,142, containing the following caption: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE MALEKIN STREET BETWEEN GAMBLE ROAD AND TIMBER RIDGE STREET, IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Feb. 21, 1984) (h) Resolution No. 7,143, entitled: A RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR FLOODWAY AND OPEN SPACE PURPOSES; COMMENDING KELTON Rc BROWN, SR. FOR HIS DONATION; AND FOR I OTHER PURPOSES. (i) Resolution No. 7,144, with.the title being: RESOLUTION AUTHORIZING EXECUTION OF AN "AGREEMENT FOR PUBLIC BODY APPROVAL OF SECTION 302 REHABILITATION LOANS," AND DESIGNATING OFFICIAL AUTHORIZED TO APPROVE SUCH LOANS ON BEHALF OF THE CITY OF LITTLE ROCK. (j) Resolution No. 7,145, described as: ' A RESOLUTION ENCOURAGING AND REQUESTING THAT OWNERS OF FAMILY THEATERS ATTEMPT TO OFFER AN ALTERNATIVE TO "R" RATED FILMS. I By motion from Director Weeks, seconded by Director Hess, 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 were approved as written 523'1 � Al FEBRUARY 7, 1984, Cont'd. and summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1983 was received and filed; (c) Motion was made and adopted to set a public hearing on February 21, 1984 to hear Zoning Appeal Z -4123 to rezone 10101 Rodney Parham Road; ' and (d, e, f, g, h, i & j) Resolutions No. 7,139, 7,140, 7,141, 7,142, 7,143, 7,144 and 7,145 were read in full and adopted by the following roll call vote: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. At Citizens Communication time Mrs. Floyd Manson who resides at 710 North Walnut Street, filed a petition signed by sixty -eight residents in the vicinity of 2601 Kavanaugh, appealing to the Board of Directors for relief from the continual nuisances created by patrons of the Cabaret Bar - Restaurant. Also attached to the petition was a list of various complaints and photographs showing vandalism. There was no discussio on how the situation could be alleviated. Introduced next was Ordinance No. 14,586, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 13200 ROCK CREEK PARKWAY (Z- 4148), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER , PURPOSES; (to permit a Day Care Center within a proposed Apartment Complex in "R -5" District) which Ordinance was read the first time. A motion followed by Director Hubbell, seconded by Director Weeks, 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 c 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, again seconded by Director Weeks, 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 was an Aye and No Vote taken on the passage of the Ordinance with the results recorded , as follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. There- fore, it was announced that the Ordinance had PASSED. Ordinance No. 14,587 was the next presentation, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT NORTHEAST I CORNER OF KANIS ROAD AND I -430 (Z-4139- A), SETTING FORTH THE CONDITIONS ATTACHED THERE- TO; AND FOR OTHER PURPOSES; (To allow an elevated water storage tank in a "C -3" General Commercial District) 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 Hess, 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 wa a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Shackelford and Hess, respectively, to suspend the rules and place the ' Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The question of passage of the Ordinance was then submitted to an Aye and �I J123 FEBRUARY 7, 1984, Cont'd. No Vote, which received the following response: Ayes - Director Hubbell, Vice Mayor i I Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent � Mayor Benafield - total 1. Whereupon, the Ordinance was declared PASSED. ' Consideration was then given to Ordinance No. 14,588, containing the following heading: AN ORDINANCE REPEALING ORDINANCE NO. 14,090 AND REVOKING A "PRD" DISTRICT TITLED SKYLINE VISTA IN THE CITY OF LITTLE ROCK; (Lots 7 & 8, Hocott's Homesites Addition, Pulaski County, Arkansas) and there was a first reading of the Ordinance. A motion followed from Director Hess, seconded by Director Weeks, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors- elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Shackelford to again suspend the rules and place the Ordinance on its third and final reading. Director Hess 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 members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackel- ford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Vice Mayor Jones then announced that the Ordinance had PASSED. Ordinance No. 14,589 was then presented, with the title being: AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK (ZONING MAP- SKYLINE VISTA PRD DISTRICT); and said Ordinance was read the first time, after which there,was a motion by Director I Hess, 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 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 Hess, 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 response being recorded as follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. The Ordinance was then declared PASSED. The following application for rezoning was presented at this time, as approved by the Planning Commission on January 10, 1984: Z- 2729 -C - From E. Harly Cox, Jr. and Bill Clark for Barbara Jean Wipperman Caldwell and Minnie H. Shive, to rezone 1.9943 acres + located at Leander Street ' and Calden Avenue (long legal description), from "R -2" and "PRD" Districts to "MF -18" Multi- family District. There was no one present to speak in opposition to the rezoning application and Ordinance No. 14,590 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR 52 FEBRUARY 7, 1984, Cont'd. OTHER PURPOSES; (Property described in paragraph above - includes former Skyline Vista PRD) and said Ordinance was read the first time, after which there was a motion by Director Hess, 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 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 Hess, 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 response being recorded as follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Hussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. whereupon, the Ordinance was declared PASSED. The next presentation.was Ordinance No. 14,591, described as: , AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK P14ENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -4112 - Lot 2, Marvin Bass Industrial Acres No. 2, from "C -3" General Commercial District to "C -4" Open Display, as amended from "I -2 ".) before the Ordinance was read the second time (the first reading occurred on December 19, 1983), Mr. William G. Crowe, Attorney representing the applicant, Mr. Emmett Jones, explained to the Board that his client plans to build a motorcycle dealership on two adjoining lots located on the Southwest Corner of West 65th Street and Wakefield Drive. The Zoning Appeal was filed subsequently to the Planning Commission's denial of the change from "C -3" General Commercial Zoning to "I -2" Light Industrial Zoning for the lot. The Appeal was hear on December 20, 1983 and the proposed Ordinance read the first time. A discussion was held with opposition being presented and the matter was returned to the Planning Commission for further consideration. The Planning Commission} , after further study, approved the change to "C -4" Open Display Zoning. Mrs. Lillian V. Whitaker who owns 6600 Wakefield Drive, and Larry Housley of #5 Cambridge Circle I spoke in strong opposition being opposed to any change in zoning. Mr. Housley request- ed that if the property is rezoned that they be provided with enough buffer. Respond- ing to Vice Mayor Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Staff has been led to believe this will be a long term project and saw "C -4" Zoning as a middle ground; adding, "we are prepared to approve 'C -4'." Upon question by Director Hess, Mr. Crowe advised there have been no specific building plans drawn up, and he did not know what the building plan consists of, but did say it would I be reasonable, and the business hours would be 8:30 A. M. to 6:00 P. M. After further discussion, Director Hubbell moved, seconded by Director Hess, that the Ordinance be amended to rezone the property from "C -3" General Commercial District to "C -4" Open Display District, instead of "I -2" as read the first time. The motion was unanimously adopted by the Board of Directors present and a subsequent motion followed by Director ' Hubbell, seconded by Director Hess, that the Ordinance, as amended, be read the second time. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a rill '1111525 FEBRUARY 7, 1984, Cont'd. second reading of the Ordinance, as amended, followed. There was a motion made by Director Hess, seconded by Director Hubbell, for a further suspension of the I rules to permit the third and last reading of the Ordinance, as amended, 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 � i Directors - elect. The third and last reading of the Ordinance, as amended, I resulted in an Aye and No Vote being taken on the passage of the Ordinance, as amended, with the response recorded as follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Therefore, the Ordinance, as amended, was declared PASSED. The following application for rezoning was next presented, having received approval of the Planning Commission on January 31, 1984. (Also see Zoning Case Z -4112 discussion. Both Lots 1 and 2 of Marvin Bass Industrial Acres #2 Subdivision proposed for development plan.) Z- 3954 -A - From the City of Little Rock with property vested in R. E. Jones, to ' rezone Lot 1, Marvin Bass Industrial Acres #2 Subdivision, located at the southwest corner of West 65th Street and Wakefield Drive. (Mrs. Lillian V. Whitaker and Mr. Larry Housley were opposed to any zoning change.) Ordinance No. 14,592 was presented, with the title being: I AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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 Hess, seconded by Director Hubbell, 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. 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, seconded by Director Weeks, 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 results being recorded as follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackel- ford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 7,12 , with notice thereof duly published on January 24, 1984 and January 31, 1984, on the petition from Johnny and Glenda Lawhon to vacate and close a portion of the alley in Block 19, Town of Mabelvale Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Mabelvale on file in the Pulaski County Circuit Clerk's Office, and a letter from Pulaski County Title Company listing the last owners of record to abutting property. Vice Mayor Jones then declared the public hearing open and with no one present who wished to speak against the proposal, the public hearing was declared closed and Ordinance No. 14,593 was presented, containing the following heading: 52q, FEBRUARY 7, 1984, Cont'd. i AN ORDINANCE VACATING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 19, TOWN OF MABELVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Hubbell, seconded by Director Weeks, 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 Hess, seconded by Director Weeks, 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as• follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield total 1. It was then announced that the Ordinance had PASSED. A proposed Ordinance was introduced at this time, with the caption being: , AN ORDINANCE VACATING AND CLOSING WINDSOR ROAD AND WINDSOR COURT, SITUATED IN PHASE II, WINDSOR COURT TOWNHOMES, A HORIZONTAL PROPERTY REGIME, LOCATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; and the proposed Ordinance was read the third and last time with the first and second readings having occurred on December 20, 1983 and January 4, 1984, respectively. Attorney Don Hamilton representing the applicants who are residents of the Windsor Court Townhomes was the first speaker. Again, he stated Windsor Road and Windsor Court are not the type of streets to "be turned into collector streets." Mr. Ed Smith, Engineer stated if the street is opened, it will be a collector street.and Beckenham Road is already designated a collector street. Mr. George Pike, Attorney for the opposition said a petition had been filed to annex the property to the west and requested that the Board of Directors defer action until the County Court consider) the matter on February 17th. His opinion was that closing the street would deny acces to the property owner of the western tract. Mr. Woody Reid, President of Hillsborough ' Property Owners Association spoke in opposition to the street closure because it would direct traffic through Beckenham Road. He said the suggested single - family use on the western forty acres is a little unrealistic due to terrain. Director Weeks questioned City Attorney Jack Magruder as to the legal aspects of the proposal and it was Mr. Magruder's opinion that: "if you want to close the street, it is not illegal to do i so." A motion then followed by Director Weeks seconded by Director Shackelford, to defer action until the Planning Commission reviews the zoning. Director Bussey commented that "I believe these people could settle this without us." Director Hess advised that he was ready to vote. At this point, Directors Weeks and Shackelford withdrew the motion to defer action and a roll call vote was taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Directo, Shackelford and Vice Mayor Jones - total 2; Noes - Director Hess, Weeks, Bussey and Hubbell - total 4; Absent - Mayor Benafield - total 1. Vice Mayor Jones then ' announced that the Ordinance had FAILED TO PASS. Introduced at this time was Ordinance No. 14,594, 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; FEBRUARY 7, 1984, ContId. (Lew Drive Annexation - Court Order dated December 16, 1983) and said Ordinance was read the first time, after which there was a motion by Director ' Hubbell, 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 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 and seconded by Directors Hubbell and Hess, respectively, 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 follows: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,595 was the next presentation, with the title being: 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; (Hermitage Road Annexation - Court Order dated December 16, 1983) which Ordinance was read the first time. A motion followed by Director Hubbell and seconded by Director Weeks, 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 I 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 I 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 Directo Hubbell and seconded by Director Hess, and unanimously adopted by the 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 Ordinance was read the third and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,596, described as: AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO SETTLE READY V. CITY OF LITTLE ROCK AND APPROPRIATING $4,000 IN FULL AND FINAL SETTLEMENT; with the Ordinance being read the first time. The rules were then suspended to provid for the second reading of the Ordinance, by a motion made by Director Hubbell, secondel 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, followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption ' by the Board Members present, being .six in number and two - thirds or more of the member of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of the passage of the Ordinance was then submitted to an Aye and No vote, which received the following response: Ayes - Director Hubbell, 52 i FEBRUARY 7, 1984, Cont'd. Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent - Mayor Benafield - total 1. The Ordinance was then declared PASSED. A public hearing had been scheduled for this time and place on the issuance by , the City of Little Rock, Arkansas Residential Housing Facilities Board of not to . exceed $7,200,000 principal amount of its Multi- family Mortgage Revenue Bonds, Series 1984 (Pleasant Woods Project). Vice Mayor Jones declared the public hearing open and when no one appeared to address the issue, the hearing was declared closed and Resolution No. 7,146 was presented which contained the following caption: . A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED $7,200,000 PRINCIPAL AMOUNT OF ITS MULTIFAMILY MORTGAGE REVENUE BONDS, SERIES 1984 (PLEASANT WOODS PROJECT); and the Resolution was read in its entirety. 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 - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackelford - total 6; Noes - None; Absent- - Mayor Benafield - total 1. Ordinance No. 14,597 was introduced, entitled: , AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS; I Attached to the Ordinance was Exhibit "A" containing the list of various appropriation Before the Ordinance was read the first time, there was a general discussion among Board Members in which it was unanimously agreed to remove the appropriation of $30,000 for a Resource Recovery Consultant in the Public Works Department, and add an appropriation of $60,000 for the Lower River Walkway -Boat Dock. There was no further - discussion and the Ordinance was read the first time. A motion was then made by Director Weeks, 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 again made by Director Weeks to-further 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 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 - Director Hubbell, Vice Mayor Jones, Directors Hess, Weeks, Bussey and Shackel- ford - total 6; Noes - None; Absent - Mayor Benafield - total 1. Whereupon, the Ordinance was declared PASSED. The last matter to be considered did not.appear on the Official Agenda, but at the request of City Manager Susan Fleming, Ordinance No. 14,598 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR PURCHASING THE BAIRD PROPERTIES AND AUTHORIZING THE MAYOR AND CITY CLERK TO PURCHASE THE PROPERTY FOR $65,000; (Property located at Broadway and LaHarpe Boulevard) and said Ordinance was read the first time, followed by a motion by Director Hubbell, ' seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by the following voice vote: Ayes - Director Hubbell, Vice Mayor Jones, Directors Weeks, Bussey and Shackelford - total 5; loll, IkI9 till FEBRUARY 7, 1984, Cont'd. Noes - Director Hess - total 1; Absent - Mayor Benafield - total 1. With the motion for the suspension of the rules having been adopted, the Ordinance was read the'second time. A subsequent motion was then made for a further suspension of the rules to I provide for the third and last reading of the Ordinance with the motion being made by by Director Director Shackelford and seconded/Weeks. The motion was adopted by a voice vote of five Ayes and Director Hess voting No, with Mayor Benafield absent. The Ordinance was then read the third and last time, with an Aye and No Vote being taken on the question Shall the Ordinance Pass, with the response being: Ayes - Director Hubbell, Vice Mayor Jones, Directors Weeks, Bussey and Shackelford - total 5; Noes - Director Hess - total 1; Absent - Mayor Benafield - total 1. It was then announced by Vice Mayor Jones that the Ordinance had PASSED. There being no further business to be presented, it was moved by Vice Mayor Jones, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 8:40 o'clock P. M., and that the Board of Directors convene again in regular session at 7 ;00 o'clock P. M. on Tuesday, February 21, 1984. ATTEST: APPROVED: City Clerk Jane Czech Vice ayor M ra Jones i 53 Board of Directors Chamber Little Rock, Arkansas February 21, 1984 -.7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Mayor J. W. Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Hubbell and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The meeting was opened with the Invocation given by Vice Mayor Jones. The Consent Agenda was the first presentation, consisting of the following items: I (a) The reading of the Minutes of the previous meeting held February 7, 1984. (b) The 1983 Audit Report of the Little Rock Wastewater Utility. (c) Resolution No. 7,147, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR CARBIDE GRINDER BITS, TRUCKS AND HEAVY EQUIPMENT AND A COPIER FOR THE LITTLE ROCK POLICE DEPARTMENT. , (d) Resolution No. 7,148, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS ON THE CBD/ i MARKHAM STREET PROJECT AND FOR THE PURCHASE OF TRAFFIC SIGNAL POLES. (e) Resolution No. 7,149, described as: A RESOLUTION COMMENDING CERTAIN SCOUTS OF TROOPS 232 AND 231 AND OTHER CITIZENS OF LITTLE ROCK FOR HEROIC EFFORTS AND ACTS OF HUMAN COMPASSION DURING THE FIRE AT THE BEAUMONT NURSING HOME. (Mayor Benafield introduced each member of the Troops who were present.) By motion from Vice Mayor /Director Jones, seconded by Director Weeks, 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 were approved as written and summarized to the members of the Board of Directors; (b) The 1983 Audit Report of ' the Wastewater Utility was received and filed; and Resolutions No. 7,147, 7,148 and 7,149 were read in full and adopted by the following roll call vote: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks and Hubbell - total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. Director Shackelford was enrolled. Under Citizen Communications Ms. Nancy Patten of No. 6 Woodwind Drive, was the first speaker. On behalf of the citizens of the Meadowlark Addition, she presented a request for the City to pave, curb and widen 28th Street from Elkhart Street to John Barrow Road. After her presentation, Mayor Benafield advised Ms. Patten that the City Manager would be directed to respond to the request. Mr. Kenny Baer speaking to the Board of Directors as a citizen and police officer, suggested that the City Board of Directors prioritizes certain things and puts law enforcement "way down the ladder." Several other officers were present and Mr. Baer , said, "our request is, hopefully, the City Board of Directors and the Police Department can get together and improve the whole outlook for law enforcement." There were no further comments. FEBRUARY 21, 1984, Cont'd. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 2429 -A - From A. B. Speights for Belmont Shopping Center, to rezone 5824 Geyer Springs Road, described as Lot R, Teresa Addition, from "I -2" to "C -3" General Commercial District. Z- 3269 -A - From Joe D. White for Napa Valley Apartments to rezone Tract "A ", Napa Valley Addition, located at Napa Valley Drive and Mara Lynn Road, from "MF -18" Multi- family to "OS" Open Space District. Z -4152 - From B. G. Coney to rezone 1 acre on Valley Club Circle at Pebble Beach Drive (long legal description), from "R -4" Two - family to "R -2" Single - family District. I Z -4153 - From Joe E. Hawkins to rezone 1 acre on Valley Club Circle at Buff Lane (long legal description), from "R -4" Two - family District to "R -2" Single - family District. Z -4157 - From Mrs. Charles B. Linzy, Jr. to rezone the N/E Corner of West 26th Street at Howard Street, described as Lots 7 & 8, Block 1, N. F. Riffel Addition), from "R -3" Single - family to "C -3" General Commercial District. ' Z -4159 - From W. L. Thomas to rezone 8100 New Benton Highway (long legal description), from "R -2" Single - family to "C -4" Open Display District. Z -4118 - From Bud Jones for Russ -Ark Ready Mix Concrete, Inc. to rezone one acre on Mabelvale Pike (long legal description) located at the Missouri Pacific Railroad Tracks, from "R -2" Single - family 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. 14,599 as follows) 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 and after the first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Hess, to suspend the rules and place the Ordinance on second ' reading. The motion was unanimously adopted by members of the Board of Directors - elect, 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 Hess, seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. 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 I Ordinance and resulted as follows: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, it was announced that the Ordinance had PASSED. Zoning Application Z- 3369 -A was the next presentation. The application was filed by Point West - Joint Venture to rezone 4.44 acres + located on Kanis Road, west of Bowman Road (long legal description), from "0-3" and "MF -24" to "C -3" General Commerci ' District. The Planning Commission approved the application by a vote of 7 ayes, 3 noe and 1 absent, while the Staff recommended denial. A proposed Ordinance was presented, entitled: Cont'd, next page 53 FEBRUARY 211 1984, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY 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; (Z- 3369 -A) ' and there was a first reading of the Ordinance. A discussion evolved in which Vice Mayor Jones voiced opposition citing the Planning Commission's split decision for i approval.and the Staff's recommendation of denial. She pointed out there is commercial zoning on both sides at the particular intersection of Bowman and Kanis Roads. It was her opinion that the Board had set a policy that "we would not 'strip' going up Kanis Road." She further stated this would violate policy and found it speculative zoning. Mr. Dick Giddings, representing the applicant, stated their position for rezoning. Point West - Joint Venture owns 84 acres and intends to develop the entire acreage with 40 acres already developed. Mr. Giddings explained the zoning in the surrounding area and said all the right -of -way would be provided for improvements. Th development of the area will provide for 2,000 people in the next five or six years, he further commented. Upon request for Staff comment by Vice Mayor Jones, Mr. Richard Wood of the Department of Comprehensive Planning stated that the proposed rezoning does, not comply specifically with the Suburban Development Plan. He advised there are area of commercial zoning at the intersection of Bowman and Kanis Roads and that the I -430 Plan recently adopted, indicates also that this area be maintained for the type of zoning in use when the preliminary plat was originally approved some two or three years ago. There was no further discussion and the rules were then suspended to provide for the second reading of the Ordinance, by a motion made by 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconde by Directors Hubbell and Weeks, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance enused The question of passage of the Ordinance was then submitted to an Aye and No Vote, ' which received the following response: Ayes - Directors Hess, Weeks and Hubbell - total 3; Noes - Vice Mayor Jones and Director Shackelford - total 2; Abstaining - Mayor Benafield - total 1; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had FAILED TO PASS. Following the roll call vote, Director Hubbell referred to the "Linkous Rule ", commenting that with the vote of 3 Ayes, the absent Director could, if he or she wished, request reconsideration of any Zoning Ordinance that fails, said Ordinance to be reintroduced at an Agenda Session. The next presentation was an application for rezoning Z -4158, from Don Hughes to rezone 1102 Woodrow Street, described as Lot E, Beeler's Addition to the City of Little Rock, from "R -4" Two - family District to "C -1" Neighborhood Commercial. The application was filed for "C -3" General Commercial, but was amended by the Planning Commission for "C -1." The "C -1" classification was approved by the Planning Commission on January 31, 1984. No opposition was presented and Ordinance No. 14,600 was presented, with the caption being: , AN ORDINANCE RECLASSIFYING PROPERTY 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 -4158) JII $33 FEBRUARY 21, 1984, Cont'd. and said Ordinance was read the first time; after which there was a motion by Director i Hubbell, seconded by Director Shackelford, 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 six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a i 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 again made by Director Hubbell, 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 last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 5; Noes - Vice Mayor Jones - total 1; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -4147 from William Hamilton for L. D. Stone Company was ' considered next. The application requested the rezoning of 11127 New Benton Highway (long legal description), from "R -2" Single - family to "C -4" Open Display District. No opposition was voiced and Ordinance No. 14,601 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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; (Z -4147 - 11127 New Benton Highway, less and except for that portion of the property located in the established floodway.) and after a first reading of the Ordinance, there was a motion by Director Hess, 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 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 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 Directors - elect. There i was a third and last reading of the Ordinance, after which an Aye and No Vote was i taken on the passage of the Ordinance and resulted as follows: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. It was then announced that the Ordinance had PASSED. Application for a Short Form Planned Unit Development Z -4123 from Robert Richard son for Allan and Gladys Thalheimer for a Planned Commercial Development at 10101 Rodney Parham Road (long legal description), was considered next. The property is zoned "R -2" Single - family District. The Planning Commission denied the request for the PCD and the applicant appealed to the Board of Directors for approval. Public Hearing was set on February 7, 1984 for this time and place to consider the appeal, and Mayor Benafield declared the hearing open at this time. Mr. Bill Rector was the first speaker who said, "basically on this issue we are asking for no waivers of any sort for this development. We are respecting any setbacks that would be required for 743i�ig._The �.s_suQ in t e P1aFlzail�q_Commission Meeting was that the neighbors were 5 i l FEBRUARY 21, 1984, Cont'd. afraid we were going to exasperate flood conditions in the area, and we have spent two months and lots of money to prove that is not the case. Staff did state they would support an 10-3' zoning. The owner and proposed owner are willing to donate the ' floodway to the City." Mr. Robert Richardson, a consultant, presented a map for the Board's review. He pointed out the area in the floodplain and setbacks, and the portion to be dedicated to the City of Little Rock. He stated that a study shows this project would have no adverse effect on the area from the standpoint of flooding; adding, "we are trying to present to you the facts, and it is not an emotional plea." Mr. Fred Arnold of 10115 Rodney Parham Road was the first to speak in opposition, explaining flood conditions that have occurred in the past. He commented, "please believe us; watch out for Butler Park." Mr. Al Janssen of #45 Warwick Drive said "the creek rises higher and higher at all times; we have a problem and don't want to have a greater problem." Mr. Cliff Jackson who resides at 10101 Rodney Parham Road stated the area is not suited for commercial development, and his primary concern was the flooding problem. Upon question by Director Hess, Mr. Jackson advised that his proper t! is zoned for office use. Mr. Eddie Branton and Mrs. Mary Arnold were the other speaker: in opposition. There was no further discussion, the public hearing was declared closed' I and a proposed Ordinance to approve the Planned Commercial Development was placed on first reading, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRI • TITLED PROCESS ONE, SHORT FORM "PCD" (Z -4123) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Hess, 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 Shackelford, seconded by Director Weeks, 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 Hess and Weeks - total 2; Noes - Vice Mayor Jones, Mayor Benafield, Directors Shackelford and Hubbell - total 4; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had FAILED TO PASS. Ordinance No. 14,602 was the next presentation, containing the following caption: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRICT TITLED MONROE MANOR SHORT FORM "PRD" (Z -4073) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Formerly "Amber Oaks ") and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 six in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion II II 535 FEBRUARY 21, 1984, Cont'd. was made by Director Shackelford 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 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 I I the passage of the Ordinance and resulted as follows: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,603, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A SHORT FORM "PRD" DISTRICT TITLED TOWNE PARK ADDITION (Z -4161) IN THE CITY OF LITTLE ROCK, I ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 Weeks, that the rules be suspended and the Ordinance 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 Director Hubbell 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 i 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 - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,604, with the title being: i AN ORDINANCE AMENDING CHAPTER 43 SECTION 9 -101C3 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO MINIMUM SIZE REQUIREMENTS FOR SHORT FORM PLANNED UNIT DEVELOPMENTS; 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 b I 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 I was a second reading of the Ordinance, after which there was a subsequent motion made by Director Hubbell, seconded by Director Weeks, 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 - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors i Weeks, Shackelford and Hubbell- total 6; Noes - None; Absent - Director Bussey - total 1. It was then announced that the Ordinance had PASSED. J 53 FEBRUARY 21, 1984, Cont'd. Next presented was Ordinance No. 14,605, entitled: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN FROM "SF" SINGLE FAMILY TO "NC" NEIGHBORHOOD COMMERCIAL IN THE VICINITY OF VIMY RIDGE AND COUNTY LINE ROAD; ' and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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 Hubbell to suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Weeks, 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 - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. It was then announced ' that the Ordinance had PASSED. There was presented Ordinance No. 14,606, with the title being: AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION FOR CERTAIN NEWLY ANNEXED PROPERTY TO THE CITY OF LITTLE ROCK AND AMENDING THE LITTLE ROCK ZONING ORDINANCE; (Lots 25, 39, 40, 41 and 42, West Highland Subdivision) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Weeks, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made by Director Hubbell, seconded by Director Weeks, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was ' then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein recorded: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. There was presented Ordinance No. 14,607, described as: AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; (Amending the zoning map to the extent that Lots 25, 39, 40, 41 and 42, West Highland Subdivision complies and is designated "C -3" General Commercial.) and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 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 Hubbell to again suspend the rules and place the Ordinance on third and final reading, which motion was again seconded by Director Weeks, and adopt FEBRUARY 21, 1984, ConP d. i 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 - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Director Hess was excused. The petition from Southwest X -Ray Corporation and west Markham United Pentecostal Church to vacate and close Malekin Street between Gamble Road and Timber Ridge Street in Hillvale Addition to the City of Little Rock was presented. A public hearing had been set for this time and place by the adoption of Resolution No. 7,142, with notice I thereof having been duly published on February 13, 1984 and February 20, 1984 as required by law. Attached to the petition was a copy of the plat of Hillvale Addition as filed in the Office of the Pulaski County Circuit Clerk, and a letter from Beach Abstract and Guaranty Company listing the names of abutting property owners. Mayor Benafield then declared the public hearing open and when no one appeared in opposition, the hearing was closed and Ordinance No. 14,608 was placed on first reading, described as: AN ORDINANCE VACATING AND CLOSING MALEKIN STREET BETWEEN GAMBLE ROAD AND TIMBER i RIDGE STREET IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with there being a first reading of the Ordinance. A motion followed from Director Weeks, seconded by Director Shackelford, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by memberl 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, with an ensuing motion then being made by Vice Mayor Jones to again suspend the rules and place the Ordinance on its third and final reading. Director Hubbell seconded the I motion which was then adopted by unanimous vote of the members of the Board of Directo 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, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Vice Mayor Jones, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Hess and Bussey - total 2. Mayor Benafield then declared the Ordinance had PASSED. A public hearing had been scheduled by Resolution No. 7,141, with notice thereof duly published on February 13, 1984 and February 20, 1984, on the petition from Little I Rock Signal Media, Laaco Investment Corporation, and Exxon Corporation to vacate and close Hill Street from I -430 to Battle Street, between Blocks 11 & 14 of Booker Height Addition, and Battle Street from Barksdale Road (Lovelace Street) to Rodney Parham Road, between Blocks 13, 14 and a portion of 11 & 12 in Booker Heights Addition, as approved by the Planning Commission. Attached to the petition was a copy of the plat ' of Booker Heights Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Little Rock Abstract Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one i present who wished to speak either for or against the proposal, the public hearing was declared closed and Ordinance No. 14,609 was presented, containing the following heading: Cont'd next page 1 538 FEBRUARY 211 1984, Cont'd. AN ORDINANCE VACATING AND CLOSING HILL STREET BETWEEN I -430 AND BATTLE STREET AND BATTLE STREET BETWEEN BARKSDALE ROAD (LOVELACE STREET) AND RODNEY PARHAM ROAD, IN BOOKER HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Weeks, , seconded by Vice Mayor 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 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 allow for the third and last reading of the ordinance at this time, with the motion being made by Vice Mayor Jones, seconded by Director Hubbell., 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Vice Mayor Jones, Mayor Benafield, Directors Weeks Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Hess and Bussey - total 2. Therefore, the Ordinance was declared PASSED. ' The petition from Markham Street Partnership, Arkansas Territorial Restoration Commission, and Heritage Center Partnership to vacate the East /West Alley through Block 33, Original City of Little Rock, Arkansas was the next presentation. The petition had received the approval of the Planning Commission. A public hearing had been set for this time and place by the adoption of Resolution No. 7,140, with notice thereof having been duly published on February 13, 1984 and February 20, 1984 as required by law. Attached to the petition was a copy of the plat of the Original City as filed in the Office of the Pulaski County Circuit Clerk, and a letter from Beach i Abstract and Guaranty Company listing the names of abutting property owners. Mayor Benafield then declared the public hearing open and when no one appeared in opposition, the hearing was closed and Ordinance No. 14,610 was placed on first reading, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 33, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; ' and after a first reading of the Ordinance, there was a motion by Vice Mayor Jones, 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 five in number and two- thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made by Vice Mayor Jones to 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 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 herein recorded: Ayes - Vice Mayor Jones, i Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Hess and Bussey - total 2. Whereupon, the Ordinance was declared PASSED. ' Director Hess was enrolled. �II 1109 FEBRUARY 21, 1984, Cont'd. Resolution No. 7,150 was the next matter to be considered, with the title being: A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LITTLE ROCK, ' ARKANSAS HEALTH FACILITIES BOARD (BAPTIST MEDICAL CENTER); AND FOR OTHER PURPOSES; (For construction of rehabilitation structure - approximately $14,000,000) and the Resolution was read in full. Upon question by Director Hubbell, Mr. Shep Russell, Attorney for the project introduced Mr. Earl Paul of the Baptist Medical Systems who explained the project is for the construction of a rehabilitation facility for long -term accident and stroke victims. He advised Vice Mayor Jones that the Baptist Medical Systems will be the owner of the facility. There was no further discussion and a motion was made by Director Hubbell, seconded by Director Weeks, for the adoption of the Resolution. A roll call vote was taken which adopted the Resoluticl as follows: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. A Public Hearing had been advertised for this time and place regarding the approval of the issuance by the City of Little Rock, Arkansas Residential Housing Facilities Board of not to exceed $1,100,000 principal amount of its Multifamily ' Mortgage Revenue Bonds, Series 1984 (Parham View Project), for the purpose of acquiring lands and the construction and equipping of a 36 -unit apartment project to be located at 5th Street and Rodney Parham Road. Mayor Benafield 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 I No. 7,151 as follows) Resolution No. 7,151 was presented, described as: A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING FACILITIES BOARD OF NOT TO EXCEED $1,100,000 PRINCIPAL AMOUNT OF i ITS MULTIFAMILY MORTGAGE REVENUE BONDS, SERIES 1984 (PARHAM VIEW PROJECT); and after a complete reading of the Resolution, there was a motion by Director Shackel- ford, seconded by Director Weeks, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein recorded: Ayes'- Vice ' Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell total 6; Noes - None; Absent - Director Bussey - total 1. Introduced next was Ordinance No. 14,611, entitled: AN ORDINANCE APPROPRIATING $36,150.00 FOR PURCHASE OF COMPUTER EQUIPMENT FOR METROPLAN; and the Ordinance was read the second time with the first reading having occurred on January 11, 1984. A motion followed to suspend the rules to allow for the third and final reading of the Ordinance, with the motion being made by Director Shackelford, seconded by Director Weeks, 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, follow- ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - ' i Director Bussey - total 1. The Ordinance was therefore, declared PASSED. 540 FEBRUARY 21, 1984, Cont'd. i Ordinance No. 14,612 was considered at this time, with the title being: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHOR- IZING THE .CITY MANAGER TO AWARD CONTRACTS FOR DIGITAL VOICE PRIVACY PORTABLE RADIOS ' AND COMPUTER COMPONENTS; and said Ordinance was read the first time, followed by a motion by Director Weeks, seconded by Director Hess, 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 Hubbell, seconded by Director Weeks, 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 was an Aye and No'Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes -.Vice Mayor Jones, Director Hess, Mayor Benafield, ' Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,613, containing the following caption: AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF ADAMS FIELD, BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVID- ING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE, "ADAMS FIELD HEIGHT ZONING MAP," WHICH IS I INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLIS ING ADMINISTRATIVE RESPONSIBILITY; AND IMPOSING PENALTIES; and after a first reading of the Ordinance, there was a motion by Vice Mayor Jones, seconded by Director Hubbell, 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 Weeks to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Vice Mayor 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 passage of the Ordinance and resulted as follows: Ayes - Vice Mayor Jones, Director Hess, Mayor,Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Section contained in Section 15 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Vice Mayor Jones, Director i Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance, together with the Emergency ' Section, was then declared PASSED. The next presentation was Resolution No. 7,152, entitled: A RESOLUTION ESTABLISHING A POLICY OF THE CITY OF LITTLE ROCK BOARD OF DIRECTORS CONCERNING APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUES; 11�41 FEBRUARY 21, 1984, Cont'd. and there was a full reading of the Resolution which'was subsequently adopted upon i motion of Vice Mayor Jones, seconded by Director Weeks, and by the following roll ' call vote: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. The last matter to be considered was Resolution No. 7,153, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE PARKING AUTHORITY, BOARD OF ADJUSTMENT, CENTRAL ARKANSAS LIBRARY SYSTEM, AND BOARD OF ELECTRICAL CODE APPEALS; (Parking Authority: Haskell Dickinson nominated by Directors Hubbell and Weeks; Board of Adjustment: George Wells, Herbert Rideout and Ron Woods, nominated by Directors Hubbell and Hess; Central Arkansas Library System: Fred Menz nominated by Vice Mayor Jones and Director Hess; and Board of Electrical Appeals: Dave T. Ryan and William E. Blazer, Jr, nominated by Directors Shackelford and Weeks.) and the Resolution was read in its entirety. A motion then followed by Director Weeks and seconded by Director Hubbell, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Shackelford and ' Hubbell - total 6; Noes - None; Absent - Director Bussey - total 1. There being no further business to be presented, it was moved by Director Hess, seconded by Vice Mayor Jones, and unanimously carried that this meeting be recessed at 8:20 o'clock P. M., and that the Board of Directors reconvene on Wednesday, February 29, 1984 at 1:30 o'clock P. M. to discuss appointments and reappointments to various Boards and Commissions. ATTEST: �` APPROVED:. ity Clerk Jane Czech Mayor J. W. Benafield I I I I I i I I 54 II Board of Directors Chamber Little Rock, Arkansas February 29, 1984 - 1:30 P. M. The Board of Directors, of the City of Little Rock, Arkansas reconvened from the February 21, 1984 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Weeks, Hubbell and Jones - total 3; Absent - Directors Hess, Bussey and Shackel- for - total 3. With a quorum in attendance, Mayor Benafield declared the Board of Directors I in session. Mayor Benafield announced that the,purpose of the reconvened meeting was to consider appointments to the Private Industry Council of the Little Rock Job Training Program. Director Hubbell moved that appointments to PIC be deferred until the next Board Meeting, which motion was seconded by Directors Weeks and unanimously adopted by members of the Board of Directors present. ' There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hubbell, and unanimously carried that this meeting be adjourned at 1:40 o'clock P. M., and that the Board of Directors convene again in regular session at 7:00 o'clock P. M. on Wednesday, March 7, 1984, instead of Tuesday, March 6, 1984, due to the fact that the Board of Directors will be in Washington, D. C. attending the National League of Cities Meeting. ATTEST: APPROVED: r%W City Clerk Jane Czech Mayor J. W. Benafield I - I I I J I II � 43 i Board of Directors Chamber I Little Rock, Arkansas March 7, 1984 - 7:00 P. M. II The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Hess. The first matter to be considered was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held February 21, 1984, and the Reconvened Meeting held February 29, 1984. (b) The 1983 Treasurer's Report of Mount Holly Cemetery Association. (c) The Audit Report of the Housing Authority of the City of Little Rock, Arkansas for the 24 month period ending September 30, 1983. (d) The 1983 Audit Report of the Little Rock Port Authority. i (e) The 1983 Audit Report of the Little Rock Community Development Block Grant Program. (f) Motion to set date for public hearing on March 20, 1984, to rezone 9508 Geyer Springs Road (Z- 4150), from "R -2" and "R -4" to "C -3" Neighborhood Commercial District. (Application filed for "C -3" - Planning Commission approved "C -1 ".) (g) Resolution No. 7,154, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 43, JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 20, 1984) (h) Resolution No. 7,155, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE HIGH STREET BETWEEN WEST SEVENTH AND INTERSTATE 630 IN COMPTONS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 20, 1984) (i) Resolution No. 7,156, described as: I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF AN ASPHALT COMPACTOR FOR THE PUBLIC WORKS- OPERATION DIVISION, THE ANNUAL CONTRACT FOR BATTERIES, SHIRTS FOR THE LITTLE ROCK POLICE DEPARTMENT, AND POLICE AND FLEET VEHICLES. (j) Resolution No. 7,157, containing the following caption: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO PURCHASE PROPERTY ON ASHER AVENUE FOR FIRE STATION NO. 14 FOR $75,000.00. (k) Resolution No. 7,158, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE TO YOUNG'S FISH AND SEAFOOD, INC. FOR PROPERTY LOCATED AT ROOSEVELT ROAD AND BARBER AVENUE OWNED BY OAKLAND- FRATERNAL CEMETERY. (1) Resolution No. 7,159, with the title being: A RESOLUTION APPROVING AND ACCEPTING THE RECOMMENDATIONS OF THE LITTLE 54 jj MARCH 7, 1984, Cont'd. ROCK.JOB TRAINING PRIVATE INDUSTRY COUNCIL REGARDING THE EXPENDITURES OF FY 1984 FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM, AND THE CONTINUED JOB TRAINING PROGRAM OPERATIONS. , (m) Resolution No. 7,160, containing the following heading: RESOLUTION APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND AN ACKNOWLEDGMENT AND CONSENT AGREEMENT WITH RESPECT TO THE PURCHASE BY UNIVERSAL DIE CASTING, INC. OF CERTAIN PROPERTY FINANCED WITH INDUSTRIAL DEVELOPMENT BONDS ISSUED BY THE CITY OF LITTLE ROCK, ARKANSAS. (n) A motion to set the date for a public hearing on March 20, 1984 to consider and approve the 10th Year CDBG Program. By motion of Director Hubbell, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; and (b, c, d & e) The Reports were received and filed; (f) Public Hearing was set for March 20, 1984, to rezone 9508 Geyer Springs Road (Z- 4150); (g, h, i, j, k, 1 & m) Resolutions No. 7,154, 7,155, 7,156, 7,157, 7,158, 7,159 and 7,160 were read in full and adopted by ' the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1; and (n) Public Hearing was set for March 20, 1984, to consider the 10th Year CDBG Program. Director Bussey was enrolled. Consideration was then given to Ordinance No. 14,614, entitled: AN ORDINANCE APPROVING A PLANNTED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED SPACE SAVERS "SHORT- FORM" PCD (Z -4074) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (From "C -3" Commercial to "PCD" Planned Commercial District) 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 Hubbell, 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,615 was the next presentation, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED PENZEL PLACE "SHORT- FORM" PRD (Z -4075) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR ' OTHER PURPOSES; (From "HR" High Density Residential to "PRD" Planned Residential District) I I �5 MARCH 7, 1984, Cont'd. i with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Shackelford, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hess to again suspend the rules and place the Ordinance on its third and final reading. Director Hubbell seconded the motion, which was then adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Ordinance No. 14,616 was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT ' TITLED HI -BID "SHORT- FORM" PRD (Z -4076) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES (Lots 16, 17, 18, 19, 20 & 21, Block 4, Riffel & Rhoton's Forest Park Addition, from "R -4" Duplex to "PCD" Planned Commercial District) and the Ordinance was read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Hubbell, 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. i There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was then declared PASSED. Introduced next was Ordinance No. 14,617, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 7412 WOODSON ROAD (Z- 4162), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for Day -Care Center in "R -2" District - Nellie Maddox) and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 Director 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 Hess and seconded by Director Hubbell, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 - Director Hess, Mayor Benafield, Directors Weeks, 0541' MARCH 7, 1984, Cont'd. Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Next presented was Ordinance No. 14,618, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 7912 , MABELVALE PIKE (Z- 4164), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; i (To be used for Day -Care Center in "R -2" District - Grady Eskew) I and there was a first reading of the Ordinance. A motion followed 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 Hess, 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 i recorded as herein described: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Application Z- 2729 -D was the next presentation. The application was filed by John D. Toney, Sr. for M.E.R.T., Inc. to rezone property at Leander Street and •Calden Drive (lengthy description), from "MF -24" and "R -6" Districts to "MF -18" Multi- family District, as approved by the Planning Commission on February 24, 1984. There was no one present to speak in opposition to the rezoning and Ordinance No. 14,619 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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; (Z- 2729 -D Leander Street and Calden Drive) with the Ordinance being read the first time. The rules were then suspended to provid ' for the second reading of the Ordinance, by a motion made by Director Hubbell, seconde I 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Zoning Application Z- 3369 -A was presented at this time, having received Planning ' Commission approval on January 31, 1984. The application was filed by Point West - Joint Venture, requesting that 4.44 acres (long legal description) located on Kanis Road, west of Bowman Road, be rezoned from the present 110 -3" and "MF -24" Districts to "C -3" General Commercial District. The application and a proposed Ordinance to i 4 MARCH 7, 1984, Cont'd. reclassify the property was first considered by the Board of Directors on February 21, 1984. A lengthy discussion was held on the 21st, regarding "strip zoning" along Kanis Road, and when the roll call was taken on the Ordinance to rezone the property, the response was 3 Ayes, 2 Noes, 1 Abstention, 1 Absent. With only 3 Aye votes, the I Ordinance FAILED, and at this point, Director Hubbell reminded the Board of the "Linkous Rule ", whereby an absent Board Member (who was Director Bussey 2/21/84) can, if he or she desires, request that reconsideration be given to zoning matters receiv- ing only three Aye votes. It was Director Bussey's desire to have the Ordinance i again placed on the agenda. Before the Ordinance was presented, Mr. Nathaniel Griffi Director of Comprehensive Planning explained to Vice Mayor /Director Jones that the Planning Staff's basic objection to the proposal was "strip zoning." There was no further discussion and Ordinance No. 14,620 was presented, with the title being: i AN ORDINANCE RECLASSIFYING PROPERTY 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; (Z- 3369 -A - 4.44 acres on Kanis Road, west of Bowman Road) and said Ordinance was read the first time, after which there was a motion by Directo Bussey, 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 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 and seconded by Directors Bussey I and Weeks, respectively, and adopted by unanimous vote of the members of the Board I 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 result- ing vote being recorded as follows: Ayes - Directors Hess, Weeks, Bussey and Hubbell - total 4; Noes - Directors Shackelford and Jones - total 2; Abstaining - Mayor ' Benafield - total 1; Absent - None. It was then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,621, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED OWENS "SHORT- FORM" PCD (Z- 3918 -B) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Baseline Road and Dailey Drive, SW Corner of Kerr Commercial Plat) with there being a first reading of the Ordinance. A motion followed from Director Bussey, seconded by Director Shackelford, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Shackelford 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last I 548 it I it MARCH 7, 1984, Cont'd. reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. City Attorney Jack Magruder requested that the Board of Directors consider a proposed Ordinance that did not appear on the Official Agenda. He explained the purpose of the Ordinance is to correct an erroneous legal description contained in Ordinance No. 14,606. It was generally agreed among Board Members to consider the Ordinance, No. 14,622, which contained the following title: AN ORDINANCE AMENDING ORDINANCE NO. 14,606, ESTABLISHING ZONING CLASSIFICATION FOR CERTAIN NEWLY.ANNEXED PROPERTY TO THE CITY OF LITTLE ROCK; (Rezoning Lots 25, 39, 40, 41 & 42, West Highland Subdivision of Section 4, Township 1 North, Range 13 West in Pulaski County, from "R -2" to "C -3" General Commercial District.) and after a first reading of the Ordinance, there was a motion by Director Hubbell, I 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 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 Hess and seconded by_Director Hubbell, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Consideration was then given to Resolution No. 7,161, which did not appear on the Official Agenda, but was presented and read by Director Bussey, with the title being: A RESOLUTION PROCLAIMING MARCH 4 -10 AS WOMEN'S HISTORY WEEK; and there was a complete reading of the Resolution. A motion then followed by Director' Weeks, seconded by Director ,Shackelford, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 7:25 o'clock P. M. and that the Board of Directors meet again in regular session on Tuesday, March 20, 1984_at 7:00 o'clock P. M. ATTEST: �/itnG(� APPROVED: City Clerk Jane Czech Mayor J. W. Benafield 11�49 Board of Directors Chamber Little Rock, Arkansas March 20, 1984 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess, Weeks, Shackelford and Jones - total 4; Absent - Directors Bussey and Hubbell - total 2. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Mayor Benafield. The first presentation was the Consent Agenda, including the following items: (a) The Minutes of the previous meeting held March 7, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of January, 1984. (c) A Motion to set the date for public hearing on April 3, 1984 on the appeal to rezone a portion of Tract 35, Graceland Acres Annex, from "R -2" Single- I family to "C -4" Open Display District. (Z- 3025 -A - Mabelvale Pike at West 65th Street) (d) A Motion to set the date for public hearing on April 3, 1984 on the appeal to rezone Lot 82, Traskwood Subdivision (Geyer Springs at Judy Lane), from "R -2" Single - family to "C -1" Neighborhood District. (Z -4137) (e) Resolution No. 7,162, entitled: I RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK APPROVING AND AUTHORIZING EASEMENTS TO BE GRANTED IN FAVOR OF THE LITTLE ROCK - PULASKI DRAINAGE DISTRICT NO. 2. (f) Resolution No. 7,163, with the title being: A RESOLUTION ACKNOWLEDGING AND CONSENTING TO A LEASEHOLD MORTGAGE GRANTED BY LITTLE ROCK MOTELS NO. L, LTD., A TEXAS LIMITED PARTNERSHIP, AS MORTGAGOR, TO WORTHEN BANK & TRUST COMPANY, N.A., AS MORTGAGEE; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSENT TO LEASEHOLD MORTGAGE AGREEMENT AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. (g) Resolution No. 7,164, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR VEHICLE FILTERS, OIL AND LUBRICANTS, BREATHING MASKS AND AIR TANKS FOR THE FIRE DEPARTMENT, CONCRETE PICNIC TABLES AND ZOO SECURITY FOR I PARKS DEPARTMENT, AND COMPUTER TERMINALS. (Vice Mayor /Director Jones abstained on g.) (h) A proposed Resolution containing the following caption: A RESOLUTION ACCEPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CONCESSION OPERATIONS AT RIVERFRONT PARK. (i) Resolution No. 7,165, entitled: .A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR URGENT STREET REPAIRS. 55� i March 20, 1984, Cont'd. By motion of Director Weeks, seconded by Director Jones, and a roll call vote with all members present voting Aye, except Director Jones abstained from voting on Item (g), the Consent Items were dispensed with as follows: (a)'The Minutes of the previou , meeting 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 Municipa 1 Water Works was received and filed; (c & d) Motion was made and adopted to set public hearings on April 3, 1984 on Zoning Appeals Z- 3025 -A and Z -4137; (e & f) Resolutions No. 7,162 and 7,163 were read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes None; Absent - Directors Bussey and Hubbell - total 2; (g) Resolution No. 7,164 was read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Shackelford and Hess - total 4; Noes - None; Abstaining - Director Jones - total 1; Absent - Directors Bussey and Hubbell - total 2; (h) The proposed Resolution was deferred until the April 3, 1984 Board of Directors' Meeting; and (i) Resolution No. 7,165 was read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. '. Following the Consent Agenda, Mayor Benafield presented a proclamation to several members of the Westwood Chapter of the Order of DeMolay, proclaiming March 18 -25, 1984 as "International DeMolay Week ", with the year 1984 being observed as the 65th Anniversary of the-Order. Under Citizen Communications, Ms. Luella Walker of 2919 Gaines Street expressed I to the Board of Directors the need for improvements in the South End Community. She said, "we need a whole lot of improving - vacant lots with weeds and grass are causing hazards as well as dilapidated houses, and we are asking you to help." Mayor Bena- field advised Ms. Walker that he would ask the City Manager to check into the problem to determine what can be done to alleviate the situation. A proposed Ordinance was the next presentation, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED OLD TOWN VILLAGE PRD (Z- 3571 -C) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Sherman Oaks and all of Lots 1, 2, 3, 10, 11 & 12, Block 10, Pope's Addition to the City of Little Rock, except that portion of Lots 1, 2, 3 and 10 consisting of right- of -way of the Chicago, Rock Island and Pacific Railway Company, approximately 2.62 acres.) and there was a first reading of the Ordinance. Mayor Benafield advised the Board Members present that Director Hubbell had requested that the Ordinance be left on the calendar for second reading at the April 3, 1984 Board Meeting; therefore, there was no motion for suspension of the rules. The proposed Ordinance will be placed on the April 3, 1984 Agenda for second reading. The following Zoning Applications were considered next, as approved by the Planning Commission: Z -4165 - From Steve Bonds, Agent for various owners to rezone Lot 3, Triangle Properties Industrial District located at I -30 and Distribution Drive, described as 8301 New Benton Highway, from "R -2" Single - family District to "I -2" Light Industrial District. Z -4167 - From John R. Eggers for V. B. Eggers, to rezone the North 150 feet I March 20, 1984, Cont'd. of 9715 Colonel Glenn Road, from "R -2" Single - family District to 110-3" General i Office District. Z -4169 - From Matt Henry to rezone 1823 West 2nd Street, described as Lot 5, Block 6, Union Depot Addition to the City of Little Rock, from "R -3" Single - family District to "R -4" Two - family District. Z -4172 - From Greg Crawford for Atley Davis, to rezone 44th Street west of Western Hills Avenue, described as Lots 3 -13, Block 1, Western Hill Addition to the City of Little Rock, from "MF -18" Multi- family District to "0 -2" Office District. Z -4178 - From A. C. Dean to rezone 2 acres, more or less, on County Line Road, east of Vimy Ridge (long legal description), from "R -2" Single - family District to "MF -6" Multi- family District. Another zoning application Z -4151 had been approved in the various applications to rezone 6500 -6504 Baseline Road from "R -2" Single - family District to "0 -3" Office District, but City Manager Susan Fleming advised the Board of Directors the dedication of needed right -of -way had not been accomplished; therefore, it was not included in the following Ordinance. There was no one present to speak in opposition to the reclassification of the properties and Ordinance No. 14,623 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, I ARKANSAS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Hess, 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 I Directors - elect, 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 Shackelford, seconded by Director Weeks, to I further suspend the rules and place the Ordinance on third and final reading. The motion was 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 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 - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -4175 filed by John A. Castin for various property owners, to rezone 176.5 acres on Aldersgate Road (long legal description), from "R -2" Single - family District to "MF -18" Multi- family District to "MF -6 ", "MF -12 ", "MF -18" and "OS" Districts, as approved by the Planning Commission. No opposition was presented to the reclassification of the property and Ordinance No. 14,624 was presented, with the title being: AN ORDINANCE RECLASSIFYING\ PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, AMEND- ING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND ' FOR OTHER PURPOSES; (Z -4175 - 176.5 acres on Aldersgate Road) 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 Jones, seconded by Director Weeks, and unanimously adopted by the Board Members present, 55 .__..... __ .. _._. _ MARCH 20, 1984, Cont'd. being five in number and two- thirds or more of the members of the Board of Directors- elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Jones and Weeks, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received. unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Whereupon, the Ordinance was declared PASSED. City Manager Susan Fleming informed the Board of Directors that an application had been filed by Southwestern Bell Telephone Company, for a Conditional Use Permit, Z -4186, for a utility station on Hinson Road in "R -2" Single - family District, which received Planning Commission approval March 13, 1984. The matter did not appear on the Agenda, but the Telephone Company requested consideration in order to expedite the project. A motion then followed by Director Hess and seconded by Director Weeks, to consider the application. The motion was unanimously adopted and Ordinance No. 14,625 , was presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT APPROXIMATE 500 FEET SOUTHEAST OF THE INTERSECTION OF HINSON ROAD AND FLYNN STREET (Z- 4186), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, after which there was a motion by Director Hess, 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 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 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 and seconded by Directors Shackelford and Hess, respectively, 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 last reading of the Ordinance, follow ed by an Aye and No Vote taken on the passage of the Ordinance with the resulting i vote being recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Mayor Benafield then announced that the Ordinance had PASSED. A public hearing had been scheduled by Resolution No. 7,154, with notice thereof duly published on March 13, 1984 and March 20, 1984, on the petition from Bob Swaim to vacate and close the South one -half of the alley in Block 43, John Barrow Addition to the City of Little Rock. The Planning Commission recommended approval of the alley closure. Attached to the petition was a copy of the plat of John Barrow Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from American Abstract and Title Company listing the last owners of record to abutting property. Mayor Benafield 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 and , Ordinance No. 14,626 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 43, JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 11153 MARCH 20, 1984, Cont'd. and said Ordinance was read the first time, followed by a motion by Director Hess, I seconded by Director Weeks, 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 Weeks, seconded by Director Hess, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled by Resolution No. 7,155, with notice thereof duly published on March 13, 1984 and March 20, 1984, on the petition from J. Ronald Newman for the Arkansas State Highway and Transportation Department to vacate and close that portion of High Street beginning at the intersection of West 7th Street, thence south to the right -of -way of Interstate 630, as approved by the Planning Commission. Attached to the petition was a copy of the plat of F. W. Compton's Sub- division of Blocks 402, 403,.412 & 413, Lincoln's Addition to Little Rock on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Benafield declared the public hearing open and when no one appeared to address the issue, the hearing was declared closed and Ordinance No. 14,627 was presented, entitled: AN ORDINANCE VACATING AND CLOSING HIGH STREET BETWEEN INTERSTATE 630 AND WEST SEVENTH STREET, IN COMPT:ONS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. The rules were then suspended to provi for the second reading of the Ordinance, by a motion made by Director Hess, seconded ' by Director Weeks, and unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again made and seconded by Directors Weeks and Hess, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Shackelford, Jones and Hess - total 5; Noes - None; Absent - Directors Bussey and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled and advertised on the various projects and allocation of funds as provided for in the City of Little Rock's Community Development ' Block Grant Program for the Tenth Year (1984 -85). Mayor Benafield then declared the hearing invited one wishing to address the proposals to come public open and any forward and be heard. Ms. Pat Harris of 3313 Katherine Street in the John Barrow Addition questioned spending $635,000 of the CDBG money for operation of the East Little Rock Community Complex at 2500 East Sixth Street, which is nearly 280 of all 55 MARCH 20, 1984, Cont'd. the CDBG money available for the year. She said, "I can't see' spending that when we need money in other places." Director Shackelford explained to Ms. Harris that the Community Center was built in 1972 with Model Cities federal funds; and the City made , a commitment to fund the Center operations for at least twenty years. Mr. Nathaniel Hill, Director of Human and General Services, said different parts of the City had needs and that "you can't rehabilitate some neighborhoods just with physical programs. You need social programs too." There was no further discussion and the public hearing was declared closed and Resolution No. 7,166 was presented, with the title being: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF`LITTLE ROCK'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE TENTH YEAR (1984 -85); APPROVING THE CDBG APPLICATION; AND AUTHORIZING THE FILING OF THE APPLICATION FOR SUCH FUNDS; Director Hubbell was enrolled, and the Resolution was read in its entirety. A motion followed by Director Weeks and seconded by Director Shackelford, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Shackelford,' Hubbell, Jones and Hess - total 6; Noes - ' None; Absent - Director Bussey - total 1. With there being no further business to be presented, it was moved by Director Weeks, seconded-by-Director Hess, and unanimously carried that this meeting be adjourned at'7:25 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, April 3, 1984 at 7:00 o'clock P. M. ATTEST: )yle4a., APPROVED: City Clerk Jane Czech Ma or J.,W. Benafield i Hill 1$55 Board of Directors Chamber DApril Little Rock, Arkansas 3, 19.84 - 7:00 P. M. Prior to the Board of Directors Official Meeting, a public hearing was held to give citizens an opportunity to express opinions on whether to renovate and restore the present City Hall, or construct a new one. Registration cards to speak were filed.by Cheryl Nichols, Ron Newman, John W. Hall, Sr., Ex -Mayor Don Mehlburger, Arthur Mills, Steve Young, Eunice Lee, Charles Witsell, George Wittenberg, Alice Jones, Carl H. Miller, Jr. and Martin Borchert. j A Study was conducted by Witsell, Evans and Rasco and Wittenberg, Delony and Davidson, Architects; and H. W. Goodman, Jr. and Pitts and Associates, Engineers, that concluded that the City Hall can be completely renovated and expanded for a current cost of $8,700,000. The Study indicated that a new City Hall can be built for $6,600,000 up to $11,500,000, depending on the type of building. Persons speaking for the renovation were Cheryl Nichols, representing the Quapaw Quarters Association; Ron Newman, representing the Capitol Zoning District; Alice Jones, Arkansas Historic Preservation Program; Ex -Mayor Don Mehlburger; Arthur Mills, Charles Witsell, George Wittenberg and Carl H. Miller, Jr. Ms. Eunice Lee, representing the Arkansas Community Organization for Reform Now, said money to build a new City Hall should be spent on neighborhood projects. Mr. John W. Hall, Sr., owner of Black & White Cab Company voiced the opinion that a new City Hall should be built, but should be constructed in conjunction with a new sports arena.and projects Pulaski County may want to develop. Mr. Steve Young, represent- ing the Fraternal Order of Police, favored a new City Hall with financing to be accomplished from the sale of bonds. Director Bussey spoke in support of a new City Hall commenting that he was "talking about a quality building that would help change Little Rock's image "; however, he did not favor using Revenue Sharing Funds ' for the construction. There was no further discussion and at 8:00 o'clock P. M. Mayor Benafield declared the public hearing closed and the Official Board of Directors Meeting followed. i "due ty CItIJk i I i 55 Board of Directors Chamber Little Rock, Arkansas April 3, 1984 - 8:00 P. M. The Board of Directors of h t e City of Little Rock, Arkansas convened in regular , session following a public hearing regarding the "City Hall Plan" with Mayor Bena- field presiding, and Jane Czech, City Clerk. Present at roll call were Directors I Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 6; Absent - None. Mayor Benafield announced that a quorum was present and the proceedings of the Meeting are recorded as follows: The Invocation was given by Director Weeks. Mayor Benafield introduced Mr. Joachim Mertes, a visitor from Germany who is a I State Official in that country, and presented him with a "Honorary Citizen" Certificate. The Consent Agenda was the first item of business to be considered, consisting of the following items: (a) The Minutes of the previous meeting held March 20, 1984. (b) The 1983 Audit Report of the City of Little Rock. ' (c) The 1983 Audit Report of the Little Rock Municipal Water Works. (d) The 1983 Audit Report of the Little Rock Advertising and Promotion Commission. (e) The 1953 "Audit Report of the Little Rock Regional Airport. (f) The Report of Commissioners of Pleasant Ridge Improvement District No. 636. (g) Resolution No. 7,167, entitled: A RESOLUTION APPOINTING A SUCCESSOR COMMISSIONER FOR PLEASANT RIDGE STREET, WATER, SEWER'.AND DRAINAGE IMPROVEMENT DISTRICT NO. 636 OF LITTLE ROCK, ARKANSAS. (Appointing Hartford Hamilton to replace Richard Toll) (h) Resolution No. 7,168, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE GASLAND AVENUE-BETWEEN WEST MARKHAM STREET AND SECOND STREET, AND SECOND STREET BETWEEN GASLAND AVENUE AND ROCKEFELLER AVENUE IN ARKANSAS HEIGHTS ' ADDITION TO THE.CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date April 17, 1984) By motion from Director Shackelford, seconded by Director Hubbell, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dis- pensed with as follows: (a) The Minutes of the previous meeting were approved as written and summarized to the members of-the Board of Directors; and (b, c, d, e & f) The Audit Reports and Report of Commissioners of Improvement District No. 636 were received and filed; and g & h) Resolutions No. 7,167 and 7,168 were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackel- i ford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. I A proposed Ordinance had been placed on the Agenda with the first reading having - occurred on March 20, 1984. The proposal was to approve a Planned Unit Development and establish a "PRD" titled "Old Town Village PRD" (Z- 3571 -C), formerly the 'Sherman ' Oaks Horizontal Property Regime. Mayor Benafield announced that the matter was being deferred until a later date; therefore, no action was taken and the proposed Ordinance was deferred. II - 1 APRIL 3, 1984, Cont'd. Zoning Appeal (Z- 3025 -A) was the next presentation from Jimmy D. and Elza McClanahan, requesting the East 25' of the West 450' of the North 111.5' of Tract 35, i Graceland Acres Annex and the North 111.5' of Tract 35, except the West 450' thereof Graceland Acres Annex, located at Mabelvale Pike and West 65th Street, be rezoned from "R -2" Single - family to "C -4" Open Display. The application for rezoning was filed in order that the property would conform to the present use of retail sales. The Planning Commission denied the request January 31, 1984. Mayor Benafield declared the public hearing open which was set for this time and place to consider the appeal. Mrs. Liz McClanahan read a prepared statement in which she stated the property would be used for retail sale of motorcycles and parts. She said the property had been -used as a business for over twenty years and her operation would be a five day per week business from 9:00 A. M. to 6:00 P. M. Attorney Alston Jennings, Jr. spoke in behalf of the applicants stating, "the property is no longer good for residential use." He presented pictures of the property requested for re- zoning and the immediate surrounding area, urging the Board of Directors to look at them. Mr. Billy Crow, 6705 West 65th Street spoke in opposition to the proposed motorcycle agency. Mr. Darrell Wilcox, 17 Hanover Drive cited added traffic hazards to sChtiol children when expressing his opposition. Ms. Judy Wooten, 18 Hanover Drive stated "no business can make it there and 'I would like to see the property remain residential." Upon question by Director Bussey, Mrs. McClanahan said she had sold three motorcycles in three months. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that this'property has been non - conforming for many years and that Mrs. McClanahan wants to place motorcycles in the front yard, and this is the whole issue. Parts and accessories are now sold, but the McClanahans can't change oil or I sell motorcycles. Mr. Griffin recommended denial of the application. There was no further discussion, the public hearing was declared closed, and the proposed Ordinance to reclassify the property was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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 the Ordinance being read the first time. The rules were-then suspended to allow for the 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 again made by Director Hubbell; seconded by Director Jones, that the rules again be suspended and the I Ordinance be placed on third and final reading. The motion was 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; therefore, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein recorded: Ayes — None; Noes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Absent - None. The Ordinance was then declared-to have FAILED. A public hearing had been set for this time and place on the Zoning Appeal from Paul J. James, Attorney for Helen McDonald (Z- 4137), to rezone 6000 Judy Lane, described as Lot 82, Traskwood Subdivision, from "R -2" Single - family District to "C -1" Neighborhood Commercial, for the purpose of operating a beauty salon. Mayor 55 i APRIL 3, 1984, Cont'd. Benafield then declared the public hearing open and Attorney James opened the discussion explaining that Ms. McDonald purchased the house in 1976 with the intent of using it for a beauty salon; her sole means of livelihood. The classification is "non- conforming use ", but Ms. McDonald was advised to apply for commercial zoning for , the purpose of expansion. Upon question by Director Jones, Ms. McDonald said she has i two chairs to which Director Jones commented, "our packets say anything more than one is expansion." Susie Knickerbocker, Beth Eisenhart and Lavinia Goss spoke on behalf of Ms. McDonald. Ms. Quita Buck representing the Arkansas Board of Cosmetology read a letter on behalf of Ms. McDonald regarding her request for expansion and her record as a licensed beautician. Mr. C. L. Tripp, 6 Covina Court presented a petition signed by a large number of residents protesting the zoning change.. He said Ms. McDonald did not live at 6000 Judy Lane in 1983, but that her daughter did. He further commented that "we don't need commercial zoning." Mr. R. L. Burns, a resident on Liberty Cove reminded that the Planning Commission denied the application with the Staff also, recommending denial. After lengthy discussion, the public.-hearing was declared closed and a proposed Ordinance to rezone the property was presented, with the title being: ' AN ORDINANCE RECLASSIFYING PROPERTY 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; (6000 Judy Lane - Lot 82, Traskwood Subdivision) and said Ordinance was read the first time, after which there was a motion 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 the Board of Director 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, 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 - None; Noes - Directors Weeks, Bussey, Shackel- ford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Absent - None. Therefore, the Ordinance was declared to have FAILED. Another public hearing had been scheduled for this time and place on the zoning Appeal of Van Larr, Inc. (z- 4150), to rezone 9508 Geyer Springs Road, described as Lot 2, Roper School Addition. Attorney Chris Barrier, representing the applicant explained his client originally applied for "C -3" Commercial Zoning to support expansion of a pie shop, but amended the application to ask for "C -1" Neighborhood Commercial zoning at the Planning Commission meeting, with an announced intention to pursue a conditional use permit for the expansion of,the pie shop. As a portion of the conditional use and rezoning process, the applicant would contribute $4,280.00 for street improvements and would.limit the length of curb -cut to an amount below that ' presently existing in the area. The Planning Commission also denied the "C -1" request Mr. C. L. Tripp, 6 Covina Court filed a petition in opposition to the zoning change and told the Board, "we are trying to keep this area under control until you all can 59. APRIL 4., 1984, Cont'd. widen Geyer Springs Road." Mr. R. L. Burns also opposed the zoning change with his main concern being strip zoning and setting a precedent. The public hearing was declared closed and a proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY 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; (9508 Geyer Springs Road - Lot 2, Roper School Addition) 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 i motion was seconded by Director Hess and adopted by unanimous vote of the Board Member 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 Hess 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. Following the third and last reading of the Ordi- nance, there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, which resulted as herein recorded: Ayes - None; Noes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Absent - None. Whereupon, the Ordinance was declared to have FAILED. An Ordinance had been placed on the Official Agenda to approve a Conditional Use at the N/W Corner of the intersection of Rodney Parham Road and Highway #10 (Z- 4181), described as part of Plot 1, Country Homes Addition to the City of Little Rock, for construction of a church in "R -2" District. Directors Jones and Bussey moved that the Ordinance be deferred for two weeks pending the appointment of a committee to evaluate the Suburban Development Plan along Highway #10 between I -430 and Pankey Addition. A discussion followed in which Mr. Joseph N. DePalo, 4 River Mountain Drive said the properties north of Highway #10 were intended for residential use being the "gateway to Little Rock." Mr. Gene Summers, 10780 Bainbridge Drive spoke in opposition to the conditional use based on properties on the north side of Highway #10 being for residential use. He requested deferral of the Ordinance for two weeks. Mr. C. L. Tripp, a member of the church applying for the conditional use was opposed to deferral. There was no further discussion and the MOTION TO DEFER the matter for two weeks was ADOPTED by unanimous voice vote of the Board Members present. Therefore, the proposed Ordinance remained on the calendar with no action being taken. Director Shackelford was excused. Zoning Application No. Z -4208 was the next presentation. The application was filed by Heral Enterprises to rezone the S/W Corner of Baseline Road and Lew Drive, described as Tract 4., Sparks Acres, from "R -2" Single - family District to "C -3" General Commercial District. The Planning Commission approved a site p.1z•.r_ review and the rezoning is th'e result of this action and an annexation petition. There was no discussion or opposition to the proposed zoning change and Ordinance No. 14,628 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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; (Tract 4, Sparks Acres) and there was a first reading of the Ordinance. The rules were then suspended to ss APRIL 3, 1984, Cont'd. provide for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded by Director Hess, 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 the Ordinance, followed by , of a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading i of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Shackelford - total 1. Mayor Benafield then announced that the Ordinance had PASSED. Introduced next was Ordinance No. 14,629, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1003 NORTH TYLER (Z -4184) SETTING FORTH THE CONDITIONS ATTACHED -THERETO; AND FOR OTHER PURPOSES; (For addition to existing church in "R -2" District) , which Ordinance was read the first time. A motion followed by Director Hubbell, seconded by Director Hess, 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 Hess, seconded by Director Hubbell, 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 was an Aye and No Vote taken on the passage of the Ordinance with the results recorded as follows: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Shackelford - total 1. The, Ordinance was therefore declared PASSED. ' Consideration was then given to Ordinance No. 14,630, containing the - following caption: I AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 10204 MABELVALE WEST ROAD (Z -4185) SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For day -care center in. "R -2" District) with the Ordinance being read the first time. The rules were then suspended to providl for the second reading of the Ordinance, by a motion made by Director Hubbell, seconde by Director Hess, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second.reading of the Ordinance, followed by a subsequent motion made and second- ed by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Weeks, Bussey, Hubbell, I X61 APRIL 3, 1984, Cont "d. Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Shackel- ford - total 1. Whereupon, the Ordinance was declared PASSED. Zoning Application No. Z- 2729 -E was presented at this time. The application was filed by Bill Clark for Mert, Inc. to rezone 2.73 acres at Leander Street and Calden Drive (long legal description), from 'IMF-24" District to "MF -18" Multi- family District. This parcel was a portion of a rezoning the Board approved.March 7, 1984. This land area was inadvertently omitted from the survey submitted with the initial request. The Planning Commission intended to downzone the entire site to 'IMF-181, when they recommended approval of the rezoning for property to the east of Calden Drive. There was no discussion and Ordinance No. 14,631 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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; (2.73 Acres at Leander Street and Calden Drive) with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Hess, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members ' of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hess to again suspend the rules and place the Ordinance on its third and final reading. Director Hubbell 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 members of the Board of Directors - elect. There was a third and last reading of the Ordinance, result- ing in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield - total-6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED I Director Shackelford was re- enrolled. I The next presentation was Resolution No. 7,169, with the title being: A RESOLUTION ESTABLISHING A COMMITTEE TO EVALUATE THE SUBURBAN DEVELOPMENT PLAN ' ALONG HIGHWAY 10 BETWEEN I -430 AND PANKEY AND TO RECOMMEND CHANGES AS APPROPRIATE; and the Resolution was read in its entirety. City Manager Susan Fleming explained that the Study Committee is to be composed of two members of the Board of Directors, two Planning Commission members, two resident property owners, two developers and one member at- large, and that further information on appointments would be provided Board Members in Pony Express on Friday. A Motion then followed 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 Weeks, Bussey, Shackelford, Hubbel , Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 14,632, described as: I AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK OF THE SOUTHWEST ONE - FOURTH OF THE SOUTHWEST ONE - FOURTH OF SECTION 29, TOWNSHIP TWO NORTH, RANGE 13 WEST PULASKI COUNTY, ARKANSAS; (Court Order dated February 21, 1984 - Land owned by Kelton R. Brown - referred to as ' the "Hillsborough Annexation. ") and the Ordinance was read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Hubbell, seconded by Director Hess, and unanimously adopted by the Board Members present, being seven in I 56 APRIL 3, 1984, Cont'd. number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the ordinance, followed by a subsequent motion again made and seconded by Directors Hubbell and Hess, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption ' -by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordi- nance ensued. The question of passage of the Ordinance was then submitted to an Aye i and No Vote, which received the following response: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A public hearing had been set for this time and place to consider the issuance of not to exceed $1,500,000'Act 9 Industrial Development Revenue Bonds for the Coleman Dairy, Inc. Project, 5801 Asher Avenue, consisting of the acquisition, construction and equipping of facilities which will be 'utilized as a refrigerated warehouse, for- . acquisition of additional equipment and such other operations as Coleman Dairy, Inc. shall elect. Mayor Benafield declared the public hearing open and there was no opposition presented; however, there was some discussion among Board Members regarding ' the recent Arkansas State Supreme Court's decision to invalidate a $4,000,000 Tourism Revenue Bond Issue, which has raised doubts about the validity of other kinds of public revenue bonds. Mr. Bill Spivey, Bond Attorney for Coleman Dairy, Inc. requested the_ Board go ahead and authorize the bond issue since it would not be "closed," or made final, until the Supreme Court's ruling has been clarified. There was no further I discussion, the hearing was declared closed, and the proposed Ordinance was presented, containing the following caption: 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 INDENTURE SECURING THE BONDS; AUTHORIZING -AND PRESCRIBING CERTAIN OTHER MATTERS PER- TAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND , COLEMAN DAIRY, 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; with the Ordinance being read the first time. There -was no motion and second for the suspension of the rules to allow for the second reading of the proposed Ordinance, therefore no further action was taken and the Ordinance remained on the calendar for second reading-. Ordinance No. 14,633 was the next presentation, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,700, ADOPTED AND APPROVED AUGUST 7, 1979; AUTHORIZING THE CITY OF LITTI:E ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST MEDICAL CENTER) TO FINANCE FACILITIES FOR THE HOUSING OF ELDERLY PERSONS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; , and there was a first reading of the Ordinance. A motion followed by Director Hess, seconded by Director Hubbell, 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 1�� 63 APRIL 3, 1984, Cont'd. Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hess and seconded by Director Shackelford, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Weeks, Bussey, Shackelford, Hubbell, Jones, i Hess and Mayor Benafield - total 7; Noes - None; 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 Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. I Introduced next was Ordinance No. 14,634, containing the following heading: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENT BOND FUND TO VARIOUS CAPITAL IMPROVEMENT PROJECTS; ($2,025,916.00 appropriated) ' and after a first reading of the Ordinance, there was a motion by_Director Hubbell, seconded by Director Hess, 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 Hubbell and seconded by Director Jones, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by i 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 question, Shall the Ordinance Pass, which resulted as follows: Ayes - Directors Weeks, Bussey, Shackel- ford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - I i None. The Ordinance was then declared PASSED. Resolution No. 7,170 was considered, with the title being: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO MATCH ' FEDERAL -AID BRIDGE REPLACEMENT AND REHABILITATION MONIES FOR VARIOUS BRIDGES; and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Hess, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Consideration was then given to Resolution No. 7,171, entitled: I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS, AGREEMENTS, I AND INSTRUMENTS AND TO PROVIDE FUNDS AS NECESSARY FOR THE WIDENING OF GEYER SPRINGS ROAD FROM BASELINE ROAD TO VALLEY DRIVE AS A PART OF THE FEDERAL AID URBAN PROGRAM; and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Hess, and by the following roll call vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor ' Benafield - total 7; Noes - None; Absent - None. 56 I APRIL 3, 1984, Cont'd. Ordinance No. 14,635 was presented next, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHOR- IZING THE CITY MANAGER TO AWARD CONTRACTS FOR SECURITY SERVICE FOR THE MATERIAL YARD COMPLEX; ' and there was a first reading of the Ordinance. A motion followed by Director Bussey, 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 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, seconded by Director Jones, and adopted by unanimous 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. 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 Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Whereupon, the ' Ordinance was declared PASSED. Resolution No. 7,172 was introduced with the title being: A RESOLUTION ALLOCATING FUNDS FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM; (1984) and there was a complete reading of the Resolution. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A' roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. The next matter to be presented was Ordinance No. 14,636, containing the following caption: AN ORDINANCE APPROPRIATING $136,000 FOR THE LITTLE ROCK CITY ATTORNEY'S OFFICE FOR 1984; with the Ordinance being read the first time. A motion was then made by Director , Bussey, seconded by Director Weeks, 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 a second reading of the Ordinance ensued. There was a motion by Director Bussey, 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 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 recorded as follows: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Grdinance No. 14,637 was the next presentation, described as: AN ,ORDINANCE APPROPRIATING FUNDS FOR FUTURE EXPENSES FOR OUTSIDE COUNSEL; , ($200,000) and the Ordinance was read the first time. The rules were then suspended to allow for the second reading by motion of Director Bussey, seconded by Director Weeks, and by I ` 6 APRIL 3, 1984, Cont'd. 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. Upon i second reading of the ordinance there was a subsequent motion again made by Director Bussey, seconded by Director Jones, that the rules be further suspended and the Ordinance be P laced on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein recorded: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Director Hess was excused. Ordinance No. 14,638 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR PAYMENT OF ATTORNEY FEES IN PHILLIPS V. WEEKS; ($12,993.25 for Richard Mays and $667.50 for Zimmery Crutcher) and after a first reading of the Ordinance, there was a motion by Director Hubbell, seconded by Director Bussey, 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 Hubbell to again 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- 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 question, Shall the Ordinance Pass, with the response being: Ayes - Mayor Benafield, Directors Bussey, Shackelford, Hubbell and Jones - total 5; Noes - None; Abstaining - Director Weeks - total 1; Absent - Director Hess - total 1. Therefore, the Ordinance was declared PASSED. ' The next matter to be presented was Ordinance No. 14,639, 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; DECLARE AN EMERGENCY; 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 Ordi- nance 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 and seconded by Directors Hubbell and Shackelford, respectively, 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 follows: Ayes - Directors Weeks, Bussey, Shackel ford, Hubbell, Jones and Mayor Benafield - total 6; Noes - None; Absent - Director 5641 APRIL 3, 1984, Cont'd. Hess - 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 Weeks, Bussey, ' Shackelford, Hubbell, Jones and Mayor Benafield - total 6; Noes - None; Absent - Director Hess - total 1. It was then announced that the Ordinance, together with the Emergency Section, had PASSED. Director Hess was re- enrolled. Resolution No. 7,173 was considered, containing the following caption: A RESOLUTION ACCEPTING PROPOSALS AND AUTHORIZING THE CITY MA24AGER TO AWARD A CONTRACT FOR CONCESSION OPERATIONS AT RIVERFRONT PARK; and there was a full reading of the Resolution. In brief discussion, Director Weeks commented that he is opposed to any contract permitting the on -going sale of beer in the Park. A motion then followed by Director Hubbell and seconded by Director Hess, that the Resolution be adopted. A roll call was taken and the Resolution was sub- sequently adopted by the following vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - Director Weeks - total 1; Absent - None. ' The last order of business was a Motion by Director Hubbell, in response to a request from the Florence Crittenden Home, that a building permit be issued to them on the condition that they apply for a Conditional Use Permit. The Motion was seconded by Mayor Benafield and adopted unanimously by the Board Members present. With there being no further business to be presented, it was moved by Mayor Benafield, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 10:00 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, April 17, 1984 at 7:30 o'clock P. M. I ATTEST: QRjy(,L /i ✓ APPROVED: /City Clerk Jane Czech Mayor J. W. Benafield * * * * * * * * * * * * I I I $67 Board of Directors Chamber Little Rock, Arkansas April 17, 1984 - 7:30 P. M. Rock, Arkansas met in regular The Board of Directors of the City of Little session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Hubbell. The Consent Agenda was the first presentation, consisting of the following items: (a) The reading of the Minutes of the previous meeting held April 3, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1984. (c) The 1983 Financial Statement of Riverside Cable TV, Inc. and Storer Cable Communications of Arkansas, Inc. ' (d) Resolution No. 7,174, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR MOTORCYCLES FOR THE LITTLE ROCK POLICE DEPARTMENT, FOR JANITORIAL SERVICES, AND FOR TRACTORS /MOWERS FOR THE PARKS DEPARTMENT. (e) Resolution No. 7,175, with the title being: A RESOLUTION CONVEYING APARTMENTS 3B AND 4A OF THE WATER UTILITIES i HORIZONTAL PROPERTY REGIME TO THE CITY OF LITTLE ROCK FOR USE BY THE WASTE WATER UTILITY, (f) Resolution No. 7,176, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING CONTRACT FOR ENGINEERING SERVICES FOR STREET IMPROVEMENTS ON GEYER SPRINGS ROAD AND CHICOT ROAD. By a motion from vice Mayor /Director Jones, seconded by Director Weeks, 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 April 3, 1984 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 for the month of February, 1984 was received and filed; (c) The 1983 Financial Statement of Riverside Cable TV, Inc. and Storer Cable Communications of Arkansas, Inc. was received and filed; and (e & f) Resolutions No. 7,174, 7,175 and 7,176 were read in full and adopted by the following roll call ,vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Because of the large group of citizens present (approximately 200) regarding an amendment to the "Cable Television Ordinance ", Item 18 appearing on the Official Agend was considered immediately following the Consent Agenda. The delegation was present i strong opposition to a proposal by Riverside Cable TV to add the "Playboy Channel" to I ' premium chanel offerings in Little Rock. City Attorney Jack Magruder explained that t issue before the Board of Directors was an Ordinance to amend Ordinance No. 13,790 to provide that the local programming, public access and leased channels be combined on Cable Channel 2. He further explained that the Board of Directors only has the author'I 568111 �J� APRIL 17, 1984, Cont'd. to regulate basic services, and that the November, 1983 Federal Communications Commiss regulation specifically states that premium channels may not be regulated. Mr. Randy Wright of the Interfaith Cable Committee was the first opposing speaker. He read a prepared statement in which he said, "Playboy Network programming is an insult to all ' women; and every decent mother and father in our city will deplore the Council's actin if it fails to intervene in this matter." Rev. Happy Caldwell, minister of the Agape Church also read a prepared statement strongly opposing the Playboy Channel. He contended that to allow the Playboy Channel to come into our City, would further demoralize our community; increase murder, rape, sexual assaults, incest and abortion; and when crime increases, so do taxes. He demanded that the Board of Directors do whatever is necessary to stop the Playboy Channel from being aired here, suggesting that the City Attorney file a suit; refuse to renew this franchise when it comes up for renewal; and adopt a Resolution banning pornography (Playboy Channel) from cable. Attorney Austin McCaskill, Jr. asked the Board to adopt a Resolution stating its opposition to the channel and to threaten to refuse the renewal of Riverside's franchiE. i agreement with the City if the channel is added. He also complained that subscribers who didn't pay for premium channels could still hear vulgar and suggestive noises or ' words from the pay channels they didn't buy and sometimes a picture was visible despite Riverside's efforts to scramble the picture. At this point, City Manager I Susan Fleming advised Mr. Ron Paulson, Manger of Riverside said if Playboy is brought to Little Rock, there will be no picture or sound except to subscribers. Director Weeks stated that he was not opposed to the Disney Channel as a premium channel and th country -music Nashville Network and the Financial News Network to the basic programmin package. He reminded the Board's vote tonight is only to combine the local programmin public access and leased access into Cable Channel 2. To conclude the lengthy discussion, Mayor Benafield requested that Mrs. Fleming send the comments presented by Mr. Wright and Rev. Caldwell to Riverside and the Federal Communications Commission. Ordinance No. 14,640 was then presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,790, THE CABLE TELEVISION ORDINANCE; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Shackelford ' and by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Hess, and again seconded by Director Shackelford, that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopte by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. At this time (7:50 P. M.) Mayor Benafield announced there would be a ten minute recess. , At 8:OO.P. M. the Board of Directors reconvened with the following Board of Directors answering roll call: Director Hess, Mayor Benafield, Directors Weeks, Shackelford, Hubbell and Jones - total 6; Absent - Director Bussey - total 1. 569 APRIL 17, 1984, Cont'd. I Under Citizen Communications, Ms. Mary Jane McDonald of 3923 West 26th Street spoke to the Board of Directors protesting the proliferation of "adult" theaters and book stores along Asher Avenue. She said, "what we have is a red -light district, and that prostitution has moved from 9th Street to Roosevelt Road." She introduced Rev. Arnold Thomas, minister of the First Congregational Church at 27th and Lewis Streets who made a plea for something to be done to clean up the neighborhood. He said there are five X -rated movie houses between his home and where he shops, a distance of one mile. In the discussion, Vice Mayor /Director Jones requested City Manager Susan Fleming to take an inventory of the adult theaters and see if there are legal "loophol that could be used to take action against the businesses. Director Hubbell asked Mrs. Fleming to contact the City of Minneapolis regarding the Ordinance on pornography and pandering passed by that City. Mr. Tomm McIntosh of 39 Allyson Circle also spoke regarding the undesirable establishments along Asher Avenue and Roosevelt Road. In conclusion, Mayor Benafield advised the speakers that the City Manager will be asked to investigate the allegations presented and determine if there is appropriate action that can be taken. ' The following applications for rezoning were presented at this time, as approved by the Planning Commission March 27, 1984. Z- 3269 -C - From Joe White to rezone 1.25 acres (long legal description) East of Agape Country Subdivision, south of Painted Turtle Cove, from "R -2" Single - family District to "OS" Open Space District. Z- 3995 -A - From Robert C. Slay for Dante &.Roslyn Jacuzzi to rezone 1.0 acres + west of 1024 North University Avenue, described as Lots A & B, Replat of Block 10, Pleasant Hills Addition and S 1/2 of that part of "J" Street, now closed by Ordinance No. 12,654, from "MF -6" Multi- family District to "OS" Open Space District. Z -4183 - From Franklin J. Dailey for Jonathan Hudson to rezone 1.34 acres located at West 22nd and Nichols Streets, described as Lots 1, 2, 3, 4, 21, 22, 23 & 24, Block 6, Hick's Inter Urban Addition, from "R -2" Single - family to "R -4" Two - family District. Z -4189 - From Henry 0. Coleman to rezone 1801 East 6th Street, described as Lot 1 ' C. L. Schafer Subdivision of Block 29, Garland Addition, from "R -4" Two - family District to "I -2" Light Industrial District. Z -4201 - From Dawlin C. Ellis-to rezone 1.5 acres located at 10311 West Markham Street (long legal description), from "R -2" Single - family District to 110 -3" General Office District. As there was no one present in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,641 as follows) There was presented Ordinance No. 14,641, entitled: 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 Hess, ' 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 Direct 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 570 APRIL 17, 19841 Cont'd. 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 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 Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance had PASSED. I Zoning Application Z- 4123 -A from W. F. Rector, Jr. for Allan and G. G. Thalheimer was the next presentation.. The application requested the rezoning of 10101 Rodney Parham Road (long legal description), from "R -2" Single - family District to "0-3" Genera Office District, as approved by the Planning Commission on March 27, 1984. Mr. W. F. Rector, Jr. representing the applicants presented the zoning request explaining the previous application for the rezoning was for a specific development, but there is no planned development at this time. He stated the request before the Board now is for "0 -3" General Office which the Planning Staff recommended when the request was presente , for the specific development that was denied. Mr. Cliff Jackson who owns property next door suggested to the Board that the City acquire the property and add it to the adjacent Park property. He offered to assist.the City in the acquisition of the property. There was no further discussion and Ordinance No. 14,642 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY 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; (Z- 4123 -A - 10101 Rodney Parham Road) with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Hess, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, , with an ensuing motion then being made by Director Hess to again suspend the rules and place the Ordinance on its third and final reading. Director Hubbell seconded the motion, which as then adopted by unanimous vote of the members of the Board of Director present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in i the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Hubbell, Hess, Mayor Benafield, Director Weeks - total 4; Noes - Director Jones - total 1; Abstaining - Director Shackelford - total 1; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. (Note: Before the vote was taken on the passage of the Ordinance, Mr. Nathaniel Griffin advised, upon question by Director Jones, that there is vacant office use property along Rodney Parham Road. A motion to exclude the portion of the property located in the floodway from the Ordinanc made by Director Hess and seconded by Director Weeks, was withdrawn.) , , 1 Jill 11 X71 APRIL 17, 1984, Cont'd. Zoning Application Z -4190 was next presented from Ernie Matkin, Jr. for Superior Federal Bank. The application requested the rezoning of 11900 Chicot Road (long legal description), from "R -2" Single - family District to "C -3" District, as approved by the Planning Commission on March 27, 1984. There was no one present to oppose the proposal and Ordinance No. 14,643 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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; (Z -4190 - 11900 Chicot Road) 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 Weeks, which was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Hess that the rules again be suspended and the Ordinance be placed on third and final reading. Director Weeks seconded by 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 readin of the Ordinance ensued; after which there was an Aye and No Vote taken on the passage I of the Ordinance, which resulted as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -4200, filed by Turner -Dyer, Inc. for Rose Brown. The application requested the rezoning of 1.4 acres located on Brack Avenue at Anna and Mary Streets, described as Lots 3, 4, 5, 6, 7, 8, 9, 10, 11` and 12, Block 26, C. O. Brack's Addition to the City of Little Rock, from 11R -3" Distric to "MF -24" Multi- family District, as approved by the Planning Commission on March 27, 1984. There was no discussion and no opposition presented, therefore Ordinance No. 14,644 was presented containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, AMENDING ' SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR I OTHER PURPOSES; (Z -4200) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hess, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made 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 unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance ' which resulted as herein recorded: Ayes - Directors Hubbell, Jones, Hess, Mayor Bena- field, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that the Ordinance,had PASSED. 57 APRIL 17, 1984, Cont'd. Another application, Z -4163, for a Planned Residential Development was presented and approved by the Planning Commission on March 10, 1984, from John A. Rees, to rezone property located at the N/W Corner of Rodney Parham and Capitol Avenue (long legal description), from "MF -24" and "0 -3" Districts to a Planned Residential Development ' I entitled "Yorktowne Apartments PRD." There were no objections presented and Ordinance No. 14,645 was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRO DISTRICT TITLED YORKTOWNE APARTMENTS "LONG- FORM" PRD (Z -4163) IN THE CITY OF LITTLE ROCK, i ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, after which there was a motion by Director Hess, 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 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 permit the third and final reading of the Ordinance at this time, with the motion being made by Director Shackelford, again seconded by , Director Hubbell,, and adopted by unanimous vote of the members of the Board of Director present, being six in number and two - thirds or more of the members of the Board of Directors - elect. 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 results being recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. Zoning application Z -4199, was the next matter to be presented which was filed by Barry Young, Edco Construction, for Chris Muradian. The application requested the rezoning of 8000 Baseline Road (long legal description) from "R -2" Single - family District to "C -1" Neighborhood Commercial District, as approved by the Planning Commission on March 27, 1984. The Planning Staff had recommended "I -2" zoning for the property. No opposition was presented and Ordinance No. 14,646 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY 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; - (Z -4199 - 8000 Baseline Road) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Hess, 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. A brief discussion was held before the second reading of the Ordinance in which Director Jones pointed out the Planning Staff had recommended "I -2" zoning classification for this property. She then made a motion to amend the Ordinance to rezone from "R -2" District to "I -2" District. The motion was seconded by Director Shackelford and a roll call was taken with the results recorded , as follows: Ayes - Directors Jones and Shackelford - total 2, Noes - Directors Hubbell, Hess, Mayor Benafield and Director Weeks - total 4; Absent - Director Bussey total 1. With the motion having failed, the Ordinance was then read the second time. I APRIL 17, 1984, Cont'd. A motion was again made by Director Hubbell and seconded by Director Hess, 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 Ordinanc Pass, resulting in the following vote: Ayes - Directors Hubbell, Hess, Mayor Bena- field, Directors Weeks and Shackelford -,total 5; Noes - Director Jones - total 1; Absent - Director Bussey - total 1. It was therefore announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 14,647, described as: AN ORDINANCE ADOPTING THE EAST RIVER ISLAND LAND USE PLAN; and after a first reading of the Ordinance, there was a motion by Director Jones, seconded by Director Hubbell, 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 Hubbell and seconded by Director Weeks, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total.6; Noes - None; Absent - Directo Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Zoning application Z -4116, initiated by the City of Little Rock to rezone the East River Island Area (long legal description), from "Unclassified" District to "R -2" Single - family District, was the next presentation.- The Planning Commission approved the proposal on March 27, 1984. There was no opposition presented and Ordinance No. 14,648 was presented, containing the following heading: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; (Z -4416 - East River Island Area) with there being a first reading of the Ordinance. A motion followed by Director Jones and 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 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 in of the Ordinance at this time with the motion being made by Direct Hubbell, seconded by Director Weeks, 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 was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes- Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Directo• Bussey - total 1. Therefore, the Ordinance was then declared PASSED: 574 APRIL 17, 1984, Cont'd. Ordinance No. 14,649 was considered next, entitled: AN ORDINANCE AMENDING THE MASTER STREET PLAN FOR THE ADDITION OF A COLLECTOR STREET LOCATED BETWEEN LINDSEY ROAD AND FOURCHE DAM PIKE; (58 -A. From Lindsey Road to Fourche Dam Pike) ' and said Ordinance was read the first time, after which there was a motion by Director Jones, 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 I of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon the 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, seconded by Director Weeks, I and adopted by unanimous vote of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors. Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was therefore declared PASSED. ' A proposed Ordinance was placed on the Agenda entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED OLD TOWN VILLAGE PRD (Z- 3571 -C) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. The proposed Ordinance was read the first time on March 20, 1984. At this time Mayor Benafield announced that the Ordinance had been deferred and no action was taken, with the proposed Ordinance remaining on the calendar for second reading. Introduced next was Ordinance No. 14,650, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE NORTH- WEST CORNER OF THE INTERSECTION OF RODNEY PARHA14 ROAD AND STATE HIGHWAY NO. 10 (Z -4181) SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Part of Plot No. 1, Country Homes Addition - For construction of a Church in "R -2" District.) which Ordinance was read the first time. A motion was made by Director Hess, seconded ' by Director Weeks to suspend the rules and place the Ordinance on second reading. Before the vote on the suspension of the rules, Director Jones reported that the Highway #10 Study Committee had met and recommended the following five stipulations: 1. That no day school be used or constructed within this development; 2. That approximately the North 1/3 be left an open space and the church file for "o -S" rezoning; 3. That shrubs be planted along the eastern edge of the developed portion of the property; I 4. That the applicant submit $21,600, an in lieu fee for the construction of street improvements on State Highway No. 10 to the City Engineer; 5. That the applicant resubmit site plan which will place the western drive on Highway No. 10 on the west property line in order that that drive be shared with the western property as it is developed in the future. Mr. Bob Tripp, a member of the Church to be constructed (Trinity Assembly of God) advised that the Church is in agreement with the stipulations stated by Director ' Jones. He further advised that construction will be in three phases: (1) Sanctuary to seat 400 with appropriate parking; (2) Classroom space adjacent to the sanctuary; and (3) Sunday School educational building to include a fellowship hall, small chapel and additional Sunday School classrooms. He filed a letter with the City Clerk, I JI I75 i APRIL 17, 1984, Cont'd. signed by Vertis Daugherty, Vice - Chairman of the Official Board of the Church stating plans for the construction. Mr. Joseph C. Kemp, Attorney for Mr. Joseph N. DePalo, an adjacent property owner at #4 River Mountain Road spoke in opposition to the re- zoning confining his remarks to two points: (1) On April 3, 1984 the Board of Directors appointed a Site Study Committee on the Highway #10 Corridor from I -430 west to Pankey, with the Committee meeting the first time yesterday afternoon. He suggest- ed that it would be impossible to give thought to all issues involved within this i time frame, and requested delay on the rezoning until the Committee's Study is completed. (2) While the Church is just going to build a church facility in Phase 1, it is still a church in "R -2" Single - family zoning. There was no further discussion and Director Jones made a motion, seconded by Director Hess, to amend the Ordinance to include the five stipulations recommended by the Study Committee. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Hubbell, I Jones, Hess, Mayor Benafield and Director Shackelford - total 5; Noes - Director Weeks - total 1 (favored delay for study); Absent - Director Bussey - total 1. With the motion having been adopted for the amendment, a roll call was taken on the origina ' motion to suspend the rules for second reading with the response being: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield and Director Shackelford - total 5; Noes - Director Weeks - total 1; Absent - Director Bussey - total 1. The Ordinance, as amended, was then read the second time with a subsequent motion being made by Director Hubbell, seconded by Director Hess, to suspend the rules and place the Ordinance, as amended, on third and final reading. A voice vote was taken with five Ayes, Director Weeks voting No and Director Bussey being absent, which adopted the motion to suspend the rules. The Ordinance, as amended, was then read the third and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance as amended, Pass. The response is recorded as follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield and Director Shackelford - total 5; Noes - Director Weeks - total 1; Absent - Director Bussey - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. A public hearing had been scheduled by Resolution No. 7,168, with notice thereof ' duly published on April 10, 1984 and April 17, 1984, on the petition from Ozark National Life Insurance Company, et al, to vacate and close the N 1/2 of 2nd Street I between Gasland Avenue and Rockefeller Avenue, and the W 1/2 of Gasland Avenue between West Markham Street and 2nd Street in Arkansas Heights Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Arkansas Heights Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Pulaski County Title Company listing the last owners of record to abutting property. Mayor Benafield 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 and Ordinance No. 14,651 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING THE NORTH ONE -HALF OF SECOND STREET BETWEEN GASLAND AVENUE AND ROCKEFELLER AVENUE, AND THE WEST ONE -HALF OF GASLAND AVENUE BETWEE WEST MARKHAM STREET AND SECOND STREET, IN ARKANSAS HEIGHTS ADDITION TO THE.CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. The rules were then suspended to provi for the second reading of the Ordinance, by a motion made by Director Hubbell, ,576111 jj� APRIL 17, 1984, Cont'd. 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, followed by a subsequent motion ' made and seconded by Directors Shackelford and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Benafield then announced that i the Ordinance had PASSED. A public hearing had been scheduled for this time and place on an Ordinance authorizing issuance of Industrial Development Revenue Bonds for the purpose of refunding the Series 1981 Bonds; Authorizing a Trust Indenture securing the Bonds; Authorizing a Lease and Agreement between the City of Little Rock, Arkansas, as Lessor and the Flintkote Company as Lessee; Authorizing the sale of the Bonds in connection ' I therewith; Authorizing and prescribing other matters pertaining thereto. Mayor Bena- field declared the public hearing open and Mr. James Buttry, Bond Attorney, requested that the public hearing be continued at the next regular meeting of the Board of Directors, and that no action be taken on the proposed Ordinance due to the fact that agreements had not been worked out between the company, the parent company and the bank. Therefore no action was taken on the proposed Ordinance, with the public hearing to be continued May 1, 1984. Ordinance No. 14,652 was the next presentation, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHOR- IZING THE CITY MANAGER TO AWARD A CONTRACT FOR ENGINEERING SERVICES WITH PETERS AND ASSOCIATES; (For 1984 Traffic Signal Improvement Program) and after a first reading of the Ordinance, there was a motion by Director Hess, , 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 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 i was made by Director Hubbell 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 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 Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. The was Resolution No. 7,177, entitled: next presentation A PROPOSED RESOLUTION REGARDING CITY HALL; (For renovation plans and new construction of a City Hall to be submitted within sixty days.) with the Resolution being read in full, followed by a motion From Director Weeks, 77 APRIL 17, 1984, Cont'd. i seconded by Director Hubbell, for adoption of the Resolution. A roll call was taken and the Resolution adopted by the following roll call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - i None; Absent - Director Bussey - total 1. Introduced at this time was Ordinance No. 14,653, with the title being: AN ORDINA14CE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTION 26 -5, PERTAINING TO REGULATIONS GOVERNING THE USE OF LITTLE ROCK PARKS; with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Weeks, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hess to again suspend the rules and place the Ordinance on its third and final reading. Director Shackelford 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 members of the ' Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackel- ford - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED: Consideration was given to Resolution No. 7,178, containing the following caption: A RESOLUTION TO PROVIDE ASSURANCE AND COMFORT TO FINANCIAL INSTITUTIONS PARTICIPATING IN THE SYSTEM FINANCING FOR THE PUBLIC UTILITY FOR AMBULANCE SERVICE; and there was a full reading of the Resolution. A discussion followed with Alan Lindsay, 120 Crystal Court, speaking in regard to the Ambulance Authority. He charged the proposal grants monopoly powers to one ambulance firm; further commenting, "the City needs a progressive policy, and higher rates are bound to occur under this monopoly system." Mr. Skip Davidson, Attorney for Medic -Vac Ambulance Company spoke in opposition to the proposed Resolution. He told the Board the proposed Resolution ' represents a subsidy and "you are going to bail them out." He reminded that previousl the Board was assured there would be no financial commitments to the Ambulance Authority and that it would be self sustaining. Upon request by Director Hubbell, City Attorney Jack Magruder stated his opinion is that the City is not committed to financing and he did not think the City could be sued to pay back the money in case of default by the Ambulance Authority. Director Hubbell said he was uncomfortable with the Resolution because if appeared to him that the banks were seeking assurances that they will be paid. He suggested by backing the loan, the City's credit and reputation could be at risk. Director Hess agreed with Director Hubbell and stated he could not support the Resolution. Upon question by Director Shackelford, Karen Muldrow, Executive Director of the Ambulance Authority explained the urgency for the adoption of the Resolution at this time. She advised the banks who will be making loans to the Authority are well aware that no cash by the City will be injected into the system ' either now or in the future. Following the lengthy discussion, Mayor Benafield moved that the Resolution be adopted. The motion was seconded by Director Weeks and was adopted by the following roll call vote: Ayes - Director Jones and Mayor Benafield, Directors Weeks and Shackelford - total 4; Noes - Directors Hubbell and Hess - atal 2; Absent - n3rectQr— HuSS_ey =t9 1_ 5781 APRIL 17, 1984, Cont'd. Ordinance No. 14,654 was considered next, described as: AN ORDINANCE CREATING THE MOTION PICTURE AND TELEVISION COMMISSION; (Initial terms staggered one to four years; thereafter four year terms.) and after a first reading of the Ordinance there was a motion by Director Hess, second ' by Director Weeks, to suspend the rules and place the Ordinance on second reading. Th 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 Weeks and seconded by Director Shackelford, to further suspend the rules and place the i Ordinance on third and final reading. The motion was unanimously adopted by 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. There was a third and final reading of the Ordinance after which an Aye and No Vote was taken on the question, Shall the Ordinanc Pass, with the results recorded as.follows: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. I Resolution No. 7,179 was presented, containing the following heading: ' A RESOLUTION APPOINTING MEMBERS TO THE MOTION "PICTURE AND TELEVISION COMMISSION; (Steve Stephens, Judy Stoltz, Maurice Lewis, Ben Combs, Dena Benafield, Bob Ginnaven and Lee Anthony) with the Resolution being read in full, followed by a motion from Director Weeks, seconded by Director Shackelford, for adoption of the Resolution. A roll call was taken and the Resolution adopted by the following vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. The last matter to be considered was Resolution No. 7,180, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE PRIVATE INDUSTRY COUNCIL OF THE 1983 i JOB TRAINING PARTNERSHIP ACT; MAKING A REAPPOINTMENT TO THE ADVERTISING.AND PROMOTION COMMISSION; (Steve Stephens, Harry Hastings, Jr., Stephen Morphy and Lucious Powell appointed to the PIC Council; and B. Finley Vinson reappointed to the Advertising and Promotion Commission) , and after a complete reading of the Resolution, a motion by Director Weeks, seconded by Director Shackelford, resulted in adoption of the Resolution by the following roll I call vote: Ayes - Directors Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Shackelford - total 6; Noes - None; Absent - Director Bussey - total 1. With there being no further business to be presented, it was moved by Director Hess, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 10:10 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, May 1, 1984 at 7:30 o'clock P. M. I ATTEST: 4u dl_lc� APPROVED: City Clerk Jane Czech Mayor J. W. Benafield 1 i X79 Board of Directors Chamber Little Rock, Arkansas I May 1, 1984 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor J. W. Benafield presiding and City Clerk Jane Czech, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. I The Invocation was given by Director Bussey. i The first matter to be considered was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held April 17, 1984. (b) The 1983 Annual Report of the City of Little Rock Residential Housing Facilities Board. (c) Resolution No. 7,181, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE FLORIDA STREET BETWEEN THE SOUTHERN BOUNDARY LINE OF LOT 24, BLOCK 2 AND THE SOUTHERN BOUNDARY LINE OF LOT L, BLOCK 3, IN RIFFEL AND RHOTON'S FOREST PARK HIGHLANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (5- 15 -84) (d) Resolution No. 7,182, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE EAST SEVENTH STREET SOUTH OF LOT 5, BLOCK 1, AND NICHOLLS AVENUE EAST OF BLOCK 1, IN OIL MILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (May 15, 1984) (e) Resolution No. 7,183, described as: AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR COMMERCIAL TRASH COLLECTION, A TRACK CRAWLER DOZER, AN AERIAL FIRE TRUCK, A PUMPER FIRE TRUCK, COMMUNICATIONS EQUIPMENT, THE 1984 STREET RESURFACING PROGRAM, AND PARKING LOT LIGHTING FOR RIVERFRONT PARK -WEST. ' (f) Resolution No. 7,184, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT USE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY. (g) Resolution No. 7,185, entitled: A RESOLUTION ADOPTING A STATEMENT OF POLICY REGARDING USE OF MURRAY PARK AND RIVERFRONT PARK FOR EVENTS INVOLVING THE SALE OF BEER. (h) Resolution No. 7,186, with the title being: A RESOLUTION GRANTING A RIGHT -OF -WAY DEDICATION TO THE PUBLIC FOR THE CONSTRUCTION OF AN EXTENSION OF REGENCY DRIVE. (i) Resolution No. 7,187, described as: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO LT. COLONEL LARRY S. BONINE FOR SERVICES RENDERED WHILE BEING ASSIGNED TO THE LITTLE ROCK DISTRICT CORPS OF ENGINEERS. (j) Resolution No. 7,188., containing the following heading: A RESOLUTION HONORING DR. JAMES H. FRIBOURGH, PROVOST AND VICE CHANCELLO OF THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK FOR THIRTY -FIVE YEARS OF SERVICE. 58 i MAY 1, 1984, Cont'd. By Motion from Director Hubbell, seconded by Director Hess, which was adopted by i unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting were approved as written , and summarized to the members of the Board of Directors; (b) The 1983 Annual Report of the City of Little Rock Housing Facilities Board was received and filed; (c, d, e, f,, g, h, i and j) Resolutions No. 7,181, 7,182, 7,183, 7,184, 7,185, 7,186, 7,187 and 7,188 were read in full and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. At the time allotted for Citizen Communications Mr. Mike Roberts, Chairman of the John Barrow Community Development Block Grant Group and representing the West Side Property Owners Association, presented a petition to the Board of Directors signed by approximately 1300 citizens, calling upon the City Directors to contact the Congress- ional Delegation and Public Works, urging them to authorize the Fourche Creek Project for flood control. He pointed out that in September, it will be six years since the 1978 flood that took nine lives and the project has not yet gotten underway. He stated that extensive improvements had been made along John Barrow Road, but that Rock ' Creek along Asher Avenue has not been cleaned out. In response to the petition, i Director Hubbell made a motion "that the Board of Directors poll the candidates for Congress and let people know how they stand on the Fourche Creek Flood Control Project.' The motion was seconded by Director Hess and unanimously adopted by voice vote of the members of the Board of Directors present. Ordinance No. 14,655 was next presented, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE SOUTH SIDE OF QUAIL RUN DRIVE APPROXIMATELY 600 FEET SOUTHWEST OF THE INTERSECTION OF OTTER CREEK PARKWAY (Z- 4204), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For construction of a Church in "MF -24" Multi- family District) with there being a first reading of the Ordinance. A motion followed from Director Shackelford, seconded by Director Weeks, for a suspension of the rules and the placing , of the Ordinance on second reading, with the motion being unanimously adopted by member. of the Board of Directors resent being seven in number and two - thirds or more of the present, g I members of the Board of Directors- elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Hubbell to again suspend the rules and place the Ordinance on its third and final reading. Director Hess seconded the motion, which'was then adopted by unanimous vote of the members of the Board of Directcj present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and'Director Weeks - total 7; Noes'- None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,656, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 14,556' AND REVOKING A PRD DISTRICT TITLED ROBINWOOD EAST PRD (Z -4071) IN THE CITY OF LITTLE ROCK; ' and after a first reading of the Ordinance, there was a motion by Director Shackelford, 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 81 MAY 1, 1984, Cont'd. 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 was made by Director Hubbell and seconded by Director Hess, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 question, Shall the Ordinance Pass, with the results being recorded as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had i PASSED. Ordinance No. 14,657 was the next presentation, described as: AN ORDINANCE AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK (ZONING MAP - ROBINWOOD EAST PRD DISTRICT Z- 4071); (To comply with Ordinance No. 14,656) with the Ordinance being read the first time. A motion was then made by Director Shackelford, seconded by Director Weeks, 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 a second reading of the Ordinance ensued. There was a motion made by Director Hubbell, seconded by Director Hess, 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 with the response being: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Zoning Petition Z- 2746 -A from Bill McClard for the United Cerebral Palsy was the I next presentation. The application requested the rezoning of 1.78 acres located at ' the S/E Corner of 12th and Cleveland Streets, from "R -5" Multi- family to "0 -3" General Office District, as approved by the Planning Commission on April 24, 1984. There was no opposition presented and Ordinance No. 14,658 was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; i AND FOR OTHER PURPOSES; (Z- 2746 -A - 1.78 acres at the S/E Corner of 12th and Cleveland Streets) and after a first reading of the Ordinance, there was a motion by Director Shackelford, seconded by Director Weeks, 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 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 Hubbell and seconded by Director Hess, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Directors Weeks - total 7; Noes - None; Absent - None. Therefor 58 MAY 1, 1984, Cont'd. i it was announced that the Ordinance had PASSED. The following application for a Planned Commercial Development was presented at this time, as approved by the Planning Commission on April 10, 1984: Z- 3969 -A - From Attorney Frank Whitbeck for Stan McDaniel and Mrs. Carl C. Lorie ' to rezone 1.41 acres, more or less, located at 7919 West 5th Street described as Part of the W 1/2, E 1/2, W 1/2, NW 1/4, SE 1/4, Section 2, Township 1 North, Range 13 West, Pulaski County, Arkansas, from "R -2" Single - family District to a Planned Commercial Development titled "Healthy Lawns & Shrubs PCO." Attorney Frank Whitbeck representing the applicants presented the request stating the proposed rezoning use for storage of nursery stock was very appropriate and the business would be extremely quiet. A group of property owners in the adjacent Sunnymeade Subdivision was present to oppose the proposed "Planned Commercial Development." Mrs. E. L. Long, 406 Sunnymeade Drive was the first to speak in opposition. She read a prepared statement in which she said the proposal would set a precedent and be "spot zoning." Mrs. Long said only two Sunny- meade families favor the rezoning and one of them has his property up for sale. Upon question by Director Hubbell, Mr. Whitbeck stated, "we are not opposed to the concept of selling the back portion of the property to the City for use as a park. However, ' there is not a current desire to do that. Mrs. Lorie, the property owner, has her garden in this bottom portion of the property, and it is not a current desire to sell this property to the City. On the other hand, since this property lies within the floodplain, no other use could be made of that property. It is sitting there event- ually for use by the City. There is not a current desire for that sale." In response to a question by Director Hubbell for a delay of two weeks, Mr. Whitbeck said, "a two -weeks delay would be academic because there is not a current desire to sell that property to the City." Director Hubbell felt that a delay of two weeks might perhaps provide time to work out the problems. Ms. Milly Witmeyer, 320 Carpenter Drive asked if there will be a traffic light installed at 5th and Rodney Parham to allow ingress and egress to Sunnymeade, and where the line will be drawn permitting commercial zonin to encroach. Upon question by Vice Mayor /Director Jones, Ms. Witmeyer said there was neighborhood objections to the rezoning. Ms. Joyce Booth, 424 Sunnymeade Drive, who lives nearest to Healthy Lawns and Shrubs, said the business will be disturbing, noisy, ' cause pollution and will lower her quality of life. Gary Smith of 409 Sunnymeade Driv took exception to Mr. Whitbeck's statement that this will be a quiet business. Vice Mayor /Director Jones found the proposal difficult to deal with, inasmuch as zoning had been denied on property across the street. City Manager Susan Fleming explained the reason for Planning Commission approval on this property, after being denied one year ago, was because of some changes in land use in the neighborhood and also, the applicant had been willing to meet a number of conditions imposed by the Planning Commission. There was no further discussion and the proposed Ordinance was presented, with the title being: i AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED HEALTHY LAWNS AND SHRUBS (Z- 3969 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMEND- ING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; , and the Ordinance was read the first time. There was a motion by Director Hess, seconded by Director Shackelford, to suspend the rules and placed the Ordinance on second reading. A roll call vote was taken on the motion to suspend the rules with II 583 MAY 1, 1984, Cont'd. i the response being: Ayes - Directors Jones, Hess, Mayor Benafield and Director Weeks total 4; Noes - Directors Bussey, Shackelford and Hubbell - total 3; Absent - None. With the motion to suspend the rules for second reading having FAILED, the proposed Ordinance remained on the calendar for second reading at the regular meeting of the Board of Directors on May 15, 1984. At this point in the meeting Director Hess was excused. Mayor Benafield announced the continuance of the public hearing on The Flintkote Company Industrial Development Revenue Bonds, Series 1981 (See April 17, 1984 Minutes). i Mr. James Buttry, Bond Attorney explained to the Board Members the bonds are Temporary Bonds of the Flintkote Company scheduled to mature sometime in this month (May), and are all owned by one bank who has granted a sixty day grace period for permanent financing. Mayor Benafield then declared the public hearing closed and Resolution No. 7,189 was presented, entitled: A RESOLUTION AGREEING TO AN EXTENSION OF SIXTY DAYS FOR THE MATURITY OF CERTAIN TEMPORARY INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE CITY; PRESBRIBING OTHER MATTERS PERTAINING THERETO; ($8,400,000 - The Flintkote Company Project) I and said Resolution was read in full, and thereafter adopted upon motion by Director Hubbell, seconded by Director Bussey, and by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Hess - total 1. Ordinance No. 14,659 was then introduced, described as: AN ORDINANCE AMENDING SECTION 44 -7 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE.ROCK, ARKANSAS CONCERNING THE RENEWAL OF SIGN PERMITS; (Re: Permit conditions, refunds and penalties - 44 -7(d)) 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 I 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. ' There was a second reading of the Ordinance, after which there was a subsequent motion made by Director Weeks, again seconded by Director Shackelford, to further suspend the rules and place the Ordinance on its third and final reading. A roll call vote was taken on the suspension of the rules for the second reading with the results recorded as follows: Ayes - Directors Bussey, Shackelford, Jones, Mayor Benafield and Director Weeks - total 5; Noes - Director Hubbell - ,total 1 (to allow time for an "in depth study" of the amendments proposed); Absent - Director Hess - total 1. i With the motion for the suspension of the rules having been adopted, the Ordinance was read the third and last time. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Bussey, Shackel- ford, Hubbell, Jones, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Hess - total 1. Wherupon, the Ordinance was then declared PASSED. Consideration was then given to Resolution No. 7,190, containing the following caption: A RESOLUTION APPROVING THE ASSIGNMENT OF THE AGREEMENT FOR THE SALE OF METHANE I GAS WITH PHF EXPLORATION COMPANY, INC.; GRANTING RIGHT OF FIRST REFUSAL AT NEW LAND FILL SITE; (Assigned to Metropolitan Trust Company) 58 MAY 1, 1984, Cont'd. and said Resolution was read in full. In a brief discussion Director Hubbell was opposed to granting first - refusal rights saying such leases should be awarded on the basis of competitive bidding. The Resolution was thereafter adopted upon motion of Director Weeks, seconded by Director Bussey, and by the following roll call vote: , Ayes - Directors Bussey, Shackelford, Jones, Mayor Benafield and Director Weeks - total 5; Noes - Director.Hubbell - total 1; Absent - Director Hess - total 1. The last matter to be presented was Resolution No. 7,191, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS ARTS CENTER, BOARD OF ADJUSTMENT, MUSEUM OF SCIENCE AND HISTORY, AND THE PRIVATE INDUSTRY COUNCIL; (Arts Center: Frederick W. Cobb, Jr., Mrs. Marjem Jackson Fill, Robert A. Ginnaven, Jr., Richard P. Herget, Jr., Warren Stephens, Everett Tucker, III, and J. C. Wilson; Board of Adjustment: Richard Yada; Museum of Science and History: Ed Ligon; Private Industry Council: Kathy Weniger.) and after a complete reading of the Resolution, there was a motion by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Mayor Benafield and Director Weeks - total 6; Noes - None; Absent - Director Hess - total 1. , There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hubbell, and unanimously carried that this meeting be recessed at 8:15 o'clock P. M., and that the Board of Directors reconvene on Wednesday, May 9, 1984 at 1:30 o'clock P. M. to consider a request by the Ambulance Authority. ATTEST: APPROVED: City Clerk Jane Czech Mayor J. W. Benafield Board of Directors Chamber ' Little Rock, Arkansas May 9, 1984 - 1:30 P. M. The Board of Directors did not reconvene due to lack of a quorum in attendance; therefore, no action was taken. J e Czech, (Mty Clerk i 1 85 Board of Directors Chamber Little Rock, Arkansas May 15, 1984 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the May 1, 1984 regular meeting (a quorum was not present May 9, 1984) with Mayor Bena- field presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - I total 6; Absent - None. A quorum was declared to be present, but Mayor Benafield announced there was no pending business to be considered at this time and upon motion by Director Hubbell, seconded by Director Weeks, which was unanimously adopted, the meeting was adjourned and the Board of Directors convened in regular session. I Al J e Czech, ity Clerk Board of Directors Chamber Little Rock, Arkansas May 15, 1984 - 7:35 P. M. i The Board of Directors of the City of Little Rock, Arkansas convened in regular I session at 7:35 o'clock P. M. with Mayor Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Bussey, Shackelford, Hubbell I ' and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Shackelford. A discussion by the Ambulance Authority regarding the "Municipal Lease Concept" for emergency medical services for the City of Little Rock was scheduled on the Officiij Agenda, but Mayor Benafield announced the matter would be deferred until the next regular meeting of the Board of Directors (June 5, 1984). I The Consent Agenda was the first presentation consisting of the following items: I (a) The reading of the Minutes of the previous meeting held May 1, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1984. (c) The 1983 Audit Report of the City of Little Rock, Arkansas Firemen's Relief and Pension Fund. (d) Resolution No. 7,192, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR A CONTRACT FOR TIRE CAPPING, FOR FIRE DEPARTMENT UNIFORMS, AND FOR THE REMODELING OF THE JAIL. 58 I MAY 15, 1984, Cont'd. (e) Resolution No. 7,193, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 7, PIKE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. , By motion from Director Hubbell, seconded by Director Weeks, 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 May 1, 1984 were i 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 1983 Audit Report of the Firemen's Relief & Pension Fund was received and filed; and (d & e) Resolutions No. 7,192 and 7,193 were read in full and adopted by the following roll call vote: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. The following applications for rezoning were presented at this time, as approved by the Planning Commission on April 24, 1984. Z- 3272 -A - From Ron Boyeskie for Richards, Inc., to rezone 1.39 acres located at 6620 South University Avenue, from "C -3" General Commercial to "C -4" Open Display ' District. Z- 3638 -A - From Gary Dean for various owners to rezone the N/W Corner of Financial Centre Parkway at Shackleford Road, from "C -3" General Commercial to "0 -2" Office District. I Z -4174 - From Tom Rystrom to rezone 10 acres on the N/W Corner of Napa Valley Drive at Mara Lynn (long legal description), from "R -2" Single - family to "MF -12 ", and the West 200' to "O -S" District. Z -4210 - From Fred Hunt for various owners to rezone 2.52 acres on E1 Dorado I Drive west of Valley Club Circle (long legal description), from "R -4" Two - family District to "R -2" Single - family District. Z -4215 - From Maury Mitchell, agent for L. A. and Katherine Isgrig, to rezone 19.2 acres on Fourche Dam Pike, East of Fourche Creek (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District with the East 50' , "O -s" District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,660 as follows) There was presented Ordinance No. 14,660, 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 the-ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Hess, 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 made 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; whereupon, the Ordinance was then read the I I $87 MAY 15, 1984, Cont'd. third and last time. An Aye and No Vote was then taken on the passage of the Ordinanc which resulted as herein recorded: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,661, described as: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT'PLAN FROM "SO" TO "CS" IN THE BOWMAN ROAD AND COLONEL GLENN ROAD AREA; (Changing the S/W Corner of the intersection of Bowman Road and Colonel Glenn Road, from "Suburban Office" to "Commercial Service" classification.) and said Ordinance was read the first time, followed by a motion by Director Hubbell, seconded by Director Hess, 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 I reading of the Ordinance at this time, with the motion being made by Director Jones, seconded by Director Hubbell, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,662 was the next presentation, containing the following caption: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING TO CONDITIONAL USES AND OTHER CHANGES; and the Ordinance was read the first time. Mr. Bob Fulmer, a heating and air condition ing contractor questioned if this Ordinance changes zoning of electrical, heating and air conditioning, and plumbing warehouses, and was advised that it does. He voiced opposition to the Ordinance because it eliminates plumbing, electrical, heating and air conditioning shops in the "C -3" District. He felt the Board should allow a person who already has property zoned "C -3" to operate in that district. Mr. Jim Lawson.of the Comprehensive Planning Staff advised that Mr. Fulmer has thirty days to apply for a building permit for his heating and air conditioning shop, and the City Manager was requested to work with Mr. Fulmer to obtain his building permit upon proper document- ation, before the Zoning Ordinance Amendments take effect. There was no further discussion and a motion followed by Director Weeks, 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 numbe 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, with the motion being made by Director Hess, 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 member 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 resultin vote being recorded as herein described: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; iru r- 58 i � MAY 15, 1984, Cont'd. Absent - None. It was announced by Mayor Benafield that the Ordinance had PASSED. Consideration was then given to Crdinance No. 14,663, entitled: AN ORDINANCE REDUCING LOT 1, KAYWOOD ACRES SUBDIVISION TO ACREAGE, THEREBY , RETURNING TO METES AND BOUNDS LEGAL DESCRIPTION; and said Ordinance was read the first time, after which there was a motion by Director Weeks, 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 member 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, with the motion being made by Director Shackelford, 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 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Whereupon, the , Ordinance was declared PASSED. A proposed Ordinance was placed on the Agenda for second reading, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED HEALTHY LAWNS AND SHRUBS (Z- 3969 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, i AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; The proposed Ordinance was read the first time on May 1, 1984, and after strong neighborhood opposition, remained on the calendar for second reading. Mr. Frank Whitbeck, Attorney representing Mr. Stan McDaniel and Mrs. C. C. Lorie, opened the discussion with a request for further deferral until the next regular Board Meeting on June 5, 1984. His reason for further deferral was to continue discussions with City Staff including Mr. Nathaniel Griffin, Director of Comprehensive Planning and hope- ' fully, representatives of opposing residents. Vice Mayor /Director Jones asked the i City Manager if there was something productive by further delay. City Manager Susan Fleming advised she had talked with Mr. Whitbeck about the City's desire to acquire the floodway portion of the property in question; that he came to the City with an offer, the City countered with an offer, and at this point, he has asked for some concessions regarding an escalator clause in the purchase price. She further advised, "a basic agreement has been reached with regards to a possible purchase price but at this point, we have not agreed on whether or not there should be an escalation, and if so, how much that should be." Mayor Benafield commented that "if there are serious negotiations going on, and if it might be resolved, then I will make a motion that we I delay this Until our next meeting." Vice Mayor /Director Jones pointed out that the residents had come down to oppose the "Planned Commercial Development" relating to zoning, and not on purchase of the property by the City. Mr. Richard Wood of the Planning Staff explained the issue before the Board is a "Planned Commercial Develop- ment" and not rezoning; the application filed includes both the area that this person purposes to develop as a landscape service and an area of this property that lies within the floodway of Rock Creek. He suggested it would be inappropriate to zone I 589 MAY 15, 1984, Cont'd. I those lands within the floodway, that it would be appropriate for the City to move toward acquiring it, or some other device to restrict its use. Upon question by Director Hess, Mr. Wood said his understanding is that the owner plans to utilize the property more for storage than any other use. The Planning Commission motion included a restriction that there not be signage on the premises, that he not serve customers on the site, or that there be physical evidence from the street that a business is being carried on. Mr. Wood further pointed out this is not the last step in a Planned Commercial Development process; the Planning Staff has to execute a final plat and plan before the applicant may obtain any building permits or proceed. At this point, Mayor Benafield withdrew his motion to delay the proposed Ordinance. Mrs. E. L. Long, 406 Sunnymeade Drive and Joyce Booth, residents of Sunnymeade, spoke in opposition and objected to coming back to Board Meetings week after week. Vice Mayor /Director Jones suggested that floodway matters be solved before zoning comes to the Board, when property is located within the floodway. Again, Mr. Whitbeck request- i ed further meetings in an effort to negotiate the issue and City Manager Susan Fleming was directed to see that everyone involved be notified. There was no further discussion and the proposed Ordinance was read the second time. There was no motion for suspension of the rules; therefore, the proposed Ordinance remained on the calendar for third and final reading on June 5, 1984. A public hearing had been scheduled by Resolution No. 7,181, with notice thereof duly published on May 8, 1984 and May 15, 1984, on the petition from Capitol City Rental, Inc. and Stuart & Associates, Inc. to vacate and close that portion of Florida Street between the southern boundary line of Lot 24, Block 2 and the southern boundary line of Lot 1, Block 3, in Riffel and Rhoton's Forest Park Highlands Additio to the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a copy of the plat of Riffel and Rhoton's Forest Park Highlands Addition i on file in the Pulaski County Circuit Clerk's Office, and a letter from Standard Abstract & Title Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one present who wished to speak against the proposal, the public hearing was declared closed and Ordinance No. 14,664 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING FLORIDA STREET BETWEEN THE SOUTHERN BOUNDARY LINE OF LOT 24, BLOCK 2 AND THE SOUTHERN BOUNDARY LINE OF LOT 1, BLOCK 3, IN RIFFEL AND RHOTON'S FOREST PARK HIGHLANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Shackel- ford, seconded by Director Weeks, 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 I 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 Hess, seconded by Director Weeks, 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 question, Shall the Ordinance Pas , with the results recorded as follows: Ayes - Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Hussey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 590111111 MAY' 15, 1984, Cont'd. Another public hearing had been scheduled for this time and place by Resolution No..7,182, with notice thereof duly published on May 8, 1984 and May 15, 1984, on the petition from Attorney Christopher Barrier for Conestoga Wood Specialties, Inc. to vacate and close East 7th Street south of Lot 8, Block 1, and Nicholls Avenue east ' of Block 1, in Oil Mill 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 Oil Mill Addition, and a copy of a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Benafield then declared the public hearing open and with no one present who wished to speak for or against the proposal, the public hearing was declared closed and Ordinance No. 14,665 was presented, entitle t: AN ORDINANCE VACATING AND CLOSING EAST SEVENTH STREET SOUTH OF LOT 8, Block 1, AND NICHOLLS AVENUE EAST OF BLOCK 1, IN OIL MILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Shackelford 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 Hess 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 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 Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At this point in the meeting Mr. Julius Breckling, Director of Parks and Recreation made a brief presentation to the Board Members elating to the annual Riverfest celebration on May 25th, 26th and 27th. He advised Riverfest has been listed as one of the ten top events in North America competing with the World's Fair and Summer Olympics. Mr. Breckling referred to the first Riverfest held in 1978, praising members of the committee and all others who helped to make that event a huge success. He further advised that the Southwest Regional Council of the National Recreation and Parks Association recently presented the "Arts and Humanities Award" to Riverfest; and also, that the Southwest Regional Council of the National Recreation and Parks Association had presented an award to the City of Little Rock for Riverfront Park in recognition of outstanding service to the parks and recreation movement. The last matter to be considered was Resolution No. 7,194, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES AND THE MOTION PICTURE AND TELEVISION COMMISSION; (Museum Board: Mr. Ray Stark to fill unexpired term of William Coleman and Mr. Carl Willock reinstated; Motion Picture and Television Commission: Eric Gorder.) and said Resolution was read in full, and thereafter adopted upon motion of Director Bussey, seconded by Director Weeks, and by the following roll call vote: Ayes - I Directors Shackelford, Hubbell, Jones, Hess, Mayor Benafield, Directors Weeks and Bussey - total 7; Noes - None; Absent - None. $91 MAY 15, 1984, Cont'd. I There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hess, and unanimously carried that this meeting be adjourned at 8:3U o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, June 5, 1984. I i ATTEST: F /!a/ APPROVED: City Clerk Jane Czech Mayor J. W. Benafield I i I I I I I i I � I I I I - I I I I I I I 59 Board of Directors Chamber Little Rock, Arkansas May 25, 1984 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in Special ' Session at 1:30 o'clock P. M. with Mayor Benafield presiding and Robbie Hancock, Assistant City Clerk, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. Filed with the City Clerk was the notice of Special Meeting as follows: "May 25, 1984 I, J. W. Benafield, do hereby call a meeting of the Little Rock Board of Directors at 1:30 P. M. for the purpose of discussing an Ambulance Authority Emergency. /s/ J. W. Benafield Mayor Signed by: Bob Hess Gale Weeks Charles Bussey Lottie Shackelford ' Myra Jones" With a quorum in attendance, Mayor Benafield declared the Board of Directors in Special Session. I � City Manager Susan Fleming advised the Board that she had discussed with the Ambulance Authority and the Arkansas Emergency Physicians Foundation (AEPF) recent events affecting ambulance service in Little Rock; she then called on Mr. David Jones, Chairman of the Ambulance Authority, to give a briefing on the status of ambulance service at this time. Mr. Jones stated that he received a call at 5:00 A. M. advising him that some- ' time this morning the paramedic force of Medic -Vac Ambulance Company would leave their jobs in a form of resignation. He met with City Manager Susan Fleming; Dr Marvin Liebovich, Vice President of AEPF, Inc.; and Mike Kumpuris, member of the Ambulance Authority, to discuss the situation. He stated that things are stable at this point , and the report is that Medic -Vac has 5 units on the street - all being basic life support units. He then asked Dr. Marvin Liebovich to explain to the Board the I instability of the ambulance service. Dr. Liebovich referred to an incident several weeks ago when Wayne Roberts, owner /operator of Medic -Vac, withdrew all ambulance service from the City without giving any prior notification and for six or seven hours, Little Rock was without ambulance service. Earlier this week there was a tragic motorcycle accident in which a young teenage boy was critically injured and essentially lay dying beside the road. The paramedics assessed the situation and called in the Baptist Medical Center ambulance helicopter to transport the victim to the hospital and his life was saved. Subsequently, the two paramedics were fired for calling the helicopter, and as a result twenty -two paramedics left their jobs with Medic -Vac. Dr. Liebovich noted that these paramedics have volunteered their services to the City of Little Rock during this interim period. Mr. Basil Hicks, attorney for Ambulance Transfer Service, stated that his client had offered three ambulances for use by the City during this emergency. David Jones asked the Board for authority to put additional ambulances on the I93 i MAY 25, 1984, Cont'd. streets that will be advanced life support units, because of the holiday weekend and Riverfest. He then called on Mr. Mike Kumpuris, who outlined steps necessary to provide short term ambulance service for 72 -96 hours. He explained that units were available from the Little Rock Fire Department, Arkansas Health Department Emergency Medical Services, Maumelle, Conway Memorial Hospital, North Little Rock Central Transport i backed up by Lonoke, Saline Memorial Hospital at Benton, Searcy, and Hot Springs (after Tuesday). Also Childrens Hospital, St. Vincent, Baptist and CARTI have units available for patient transport but not advanced life support. He also discussed liability, hiring people to man the vehicles, and communications. In response to a question from Director Weeks, he explained that the only way military service could be used would be if the Governor declared a State of Emergency. At this time, David Jones asked the Board to allocate $5,000 to be used by the Ambulance Authority to provide ambulance service over the holiday weekend. I Mr. Kevin McCoy, President of Little Rock Paramedics Association, stated that the paramedics would assist in whatever way they could. Mayor Benafield asked for the third time if anyone representing Medic -Vac was present. There was no response. Director Weeks asked City Manager Susan Fleming to draft a.letter of commendation to the two Medic -Vac employees that were fired after calling in the helicopter to transport the motorcycle accident victim. At this time, Ordinance No. 14,666 was presented, entitled: AN ORDINANCE GRANTING A FRANCHISE TO THE ARKANSAS EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD KNOWN AS THE LITTLE ROCK AMBULANCE AUTHORITY AND DECLARING AN EMERGENCY;, (ambulance service operator franchise in Little Rock for 90 days) and the Ordinance was read the first time. The rules were then suspended to allow for the 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 numbe 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 Weeks, seconded by Director Jones, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance which resulted as herein recorded. Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, and Jones - total 6; Noes - None; Absent - Director Hubbell - 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 - Director Hess, Mayor Bene- field, Directors Weeks, Bussey, Shackelford and Jones - total 6; Noes - None; Absent Director Hubbell - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. I 594 MAY 25, 1984, Cont'd. Introduced at this time was Ordinance No. 14,667, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE ARKANSAS EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD; AND DECLARING AN EMERGENCY; , ($5,000) 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 six in number and two- thirds or more of the I 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 last reading of the Ordinance at this time, with the motion being made by Director Weeks, seconded by Director Shackelford, 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 was an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, and Jones - total 6; Noes - None; Absent - Director Hubbell - 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 - Director Hess, Mayor Bene- field, Directors Weeks, Hussey, Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Bussey, that the meeting be recessed at 2:35 o'clock P. M. and i that the Board of Directors reconvene on Wednesday, May 30, 1984, at 1:30 o'clock P. M. to consider any further requests by the Ambulance Authority. I ATTEST: va4t6 (le,72/ c APPROVED: ' City Clerk Jane Czech Mayor J. W. Benafield I * * * * * * * At * * * * I i �95 -- Board of Directors Chamber Little Rock, Arkansas May 30, 1984 - 1:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from the May 25, 1984 special meeting with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors answering roll call: Directors Hess, Weeks, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. Before discussion on a proposal to provide interim and long -term ambulance services for the City of Little Rock, Mr. David Jones, Chairman of the Ambulance Authority, read a Resolution (No. 7,195) entitled: RESOLUTION EXPRESSING APPRECIATION TO AGENCIES, HOSPITALS, COMPANEIS, MUNICIPAL- ITIES AND INDIVIDUALS FOR ASSISTING THE CITY AND LITTLE ROCK AMBULANCE AUTHORITY IN THE PROVISION OF ADVANCED LIFE SUPPORT (ALS) AMBULANCE SERVICE DURING THE RECENT EMERGENCY; ' and there was a full reading of the Resolution. A motion then followed by Director Hubbell and seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Following the adoption of Resolution No. 7,195, the discussion proceeded regard- ing ambulance service for the City. Mr. Jones presented a typewritten Proposal to Provide Interim and Tang -Term Ambulance Services, prepared by the Little Rock Ambulance i Authority, stating that for two weeks, he had carefully studied alternatives and it is his recommendation, along with the unanimous recommendation of the Ambulance Authority, and the Consultant, that a..full Public Utility Model be implemented. He further stated that, "we have provisions for the interim that will take us to that permanent system, but we need four things from the City of.Little Rock in order to achieve that: (1) a $1.9 million long -term Municipal Lease arranged by the City, with all lease ' payments made on behalf of the City by LRAA; (2) two Ordinance changes to recognize the ..February 1 permanent system start date and to allow the municipal leasing arrange- ment; (3) continued first responder program support, and (4) continued City staff support and cooperation, as well as use of certain City facilities as agreed to by the affected departments." While no City subsidy was requested, he emphasized these four I types of City support are needed. I Director Bussey was enrolled. Mr. Jones said that plans for the interim had been made; that six used ambulances had been located to purchase; and that the banks have agreed to loan the Ambulance Authority $400,000 if the City is willing to adopt the Municipal Lease proposal. At this point, he called upon Miss Karen Muldrow, Director of the Ambulance Authority to explain the provisions of the Proposal to Provide Interim and Long -Term Ambulance Services. Miss Muldrow also told the Board that the Ambulance Authority had secured ' guarantees from two local banks for $400,000 in short -term financing, provided the Cit approved a Municipal Lease and set aside at least $300,000 annually to guarantee the lease. She said the $400,000 loan would be sufficient to implement a temporary ambulance service under the control of the Ambulance Authority, until permanent servic i I ss MAY 30, 1984, Cont'd. can begin February 1, 1985. Miss Muldrow further stated that six used ambulances will be purchased and equipped with the short -term loan from First Commercial Bank and i Worthen Bank and Trust Company, and that interim service could be in place by this week -end. Referring to permanent service she said a private contractor must be found , and a bid awarded to provide the service. The Ambulance Authority must also secure a communications system and construct a building, with negotiations under way to construc the building at 8th and Ringo Streets. At the request of Mayor Benafield, City Clerk Jane Czech read a summary of actions by the Board of Directors in support of ambulance service for the City of Little Rock, and the Ambulance Authority. From the time the Ambulance Authority was established, it has been the consensus that the City will not be required to subsidize it. In response to- questions by Board Members regarding subsidy, Mr. Jones stated, "the City would be liable financially only if the Ambulance Authority failed. If there is a default, you are responsible, no question about it." However, he added: "it is my opinion you will never have to." Mayor Benafield commented that he had "100 per cent confidence in the Authority." Director Bussey suggested that the City appropriate $400,000 to operate the interim ambulance service until Februsty 1st, then take a look at all available options at that time. Director , Weeks said, "we need to make a decision today - I don't think the City has anything to worry about." Director Hubbell had several concerns. He said there had bee no public review by the public of the proposal presented; also, that while the City Board is supposed to retain control -over ambulance rates under the authority plan, he doubted the Directors would have much to say about rates; and, that the Board was binding the City to provide ambulance service forever during "an emergency state" created by the Medic -Vac employes' walkout. Upon question by Director Hubbell, Mr. Jack Stout, consultant, said hospital plans hadn't worked elsewhere. Director Hess was excused. To conclude the very lengthy discussion, Ordinance No. 14,668 was presented, i containing the following caption: AN ORDINANCE ADOPTING A PROPOSAL TO PROVIDE INTERIM AND LONG TERM AMBULANCE SERVICES FOR THE CITY OF LITTLE ROCK; ' and there was a first reading of the Ordinance, after which a motion was made by Director Shackelford to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, with the second reading•of the Ordinance following. A motion was then made by Director Jones-and seconded by Director Shackel- ford, which further suspended the rules and placed the Ordinance on third and final I reading, with the motion being 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. There was a third and last reading of the Ordinance, which resulted in an Aye and No vote being taken on the question, Shall the Ordinance PaSS, and the vote is recorded herein as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None;.-Absent - Director Hess total 1. The Emergency Section contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors-Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Hess - total 1. Therefore the ordinance together with the EmergencX Section was 97 MAY 30, 1984, Cont'd. declared PASSED. There being no further business to be presented, it was moved by ' Director Weeks, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 4:10 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, June 5, 1984. I ATTEST: APPROVED:`' I City Clerk Jane Czech. Mayor J. W. Benafield I I I � - I I I I I I I _ I i I i I I I I I I I 59 I Board of Directors be r chamber Little Rock, Arkansas i June 5, 1984-- 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session ' with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Benafield announced that a quorum was present and the proceedings of the meeting are recorded as follows: The Invocation was given by Vice Mayor Jones. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held May 15, 1984 and the reconvened meetings held May 25, 1984 and May 30, 1984. (b)- The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1984. (c) The Report of Commissioners of Broadmoor Recreational Area Improvement District No. 2 appointing successor Commissioners. (To be received & filed) (d) Resolution No. 7,196, entitled: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. (Russell Holcomb and Jean Hopkins) (e) Resolution No. 7,197, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A LWCF GRANT THROUGH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM TO BE USED FOR I IMPROVEMENTS TO KIWANIS PARK. (Land and Water Conservation Fund Grant) (f) Resolution No. 7,198, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE I PART OF 12TH STREET RIGHT -OF -WAY AS DEDICATED ON REPLAT OF ROOSEVELT PARK ADDITION WHICH LIES 500 FEET WEST OF KANIS AND SHACKLEFORD ROADS; (June 19, 1984). , (g) Resolution No. 7,199, containing the following caption: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THAT PART OF 20 FOOT ROAD R -O -W, NORTH OF ROCK CREEK PARKWAY AND AT WEST i BOUNDARY HILLVALE ADDITION 500 FEET EAST OF PARKWAY PLACE DRIVE; (June 19, 198 ) (h) Resolution No. 7,200, entitled: i A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE GARFIELD STREET BETWEEN "I" AND "J" STREETS IN PLEASANT HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (June 19, 1984). (i) Resolution No. 7,201, with the title being: A RESOLUTION:SETTING THE DATE-OF _ HEARING ON_THE.PETITION`TO VACATE A" PORTION OF WESTSIDE DRIVE LOCATED IN WESTSIDE COMMERCIAL SUBDIVISION, AN I ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (June 19, 1984). (j) Resolution No. 7,202, described as: , A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR A TELECOMMUNICATIONS SYSTEM FOR JTPA. (Purchase CENTEL'S Telrad Key Box - $13,535.00) 99 JUNE 5, 1984, Cont'd. (k) Resolution No. 7,203, containing the following caption: A RESOLUTION RECOGNIZING AND COMMENDING CAPTAIN RON HUDSON, LITTLE ROCK FIRE DEPARTMENT, FOR SAVING THE LIFE OF MICHAEL ROBINSON. (1) Resolution No. 7,204, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR EMERGENCY RESCUE TOOLS FOR THE FIRE DEPARTMENT, FOR THE ANNUAL CONTRACT FOR ASPHALTIC MATERIALS, FOR TRAFFIC SIGNAL BRACKETS FOR CBD/ MARKHAM STREET IMPROVEMENT PROJECT, FOR POLICE DEPARTMENT LEASED CARS, AND FOR THE PANKEY STREET AND STORM DRAINAGE IMPROVEMENTS. (m) Motion setting date for public hearing on June 19, 1984, to rezone 1510 Schiller Avenue, from "R -4" Two - family District to 'IMF-18" Multi- family District, Z -4209. ZONING APPEAL., By Motion by Director Hubbell, 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 and reconvened meetings were approved as written and summarized to the members of the Board of Directors; (b & c) The ' Comparative Statement of Income Account of the Little Rock Municipal Water Works, and the Report of Commissioners of Broadmoor Recreational Area Improvement District No. 2 were received and filed; (d, e, f, g, h, i, j, k & 1) Resolutions No. 7,196, 7,197, 7,198, 7,199, 7,200, 7,201, 7,202, 7,203 and 7,204 were read in full and adopted by the following roll call vote: Ayes - Vice Mayor Jones, Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None; and (m) Motion was made and adopted to set a public hearing on June 19, 1984 to consider rezoning 1510 Schiller Avenue, from "R -4" Two - family District to 'IMF-18" Multi- family District. Under Citizen Communications Mr. Jimmy Dowell, 7722 Claybrook Road, Mabelvale, whose neighborhood had formerly been a cul -de -sac before a back street was opened, complained of motorcycles and three -wheel bikes coming through his street at excessive speeds endangering children playing in the yards and streets. He proposed that signs I be erected to lower the speed limit from 30 miles per hour to 20 miles, with "children i ' playing" signs; or, closing the back street by putting a ditch in to prevent entrance. Mayor Benafield instructed City Manager Susan Fleming to investigate the situation to determine if there is a solution to the problem. The next presentation was Ordinance No. 14,669, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED HEALTHY LAWNS AND SHRUBS (Z- 3969 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the first second readings having occurred on May 1, 1984 and May 15, 1984. Befor the third and final reading a discussion eneused with Attorney Frank Whitbeck, re- presenting the applicant, being the first speaker. He stated that since the last Board Meeting, he had met with the Sunnymeade Neighborhood in an unsuccessful attempt to reach an agreement on the proposed zoning. They were not agreeable to any change ' in the current zoning. Mr. Gary Smith, 409 Sunnymeade, spoke in opposition saying the applicant, Stan McDaniel, had said if the neighborhood did not "go along" with his zoning proposal, he would build a shoddy apartment on the property. He also complaine that Mr. McDaniel burns trash and debris on the property, which is a nuisance and annoying to the neighborhood. Mrs. E. L. Lon 406 Sunnymeade, and Ms. Milly Witmeyer _, 6041 il JUNE 5, 1984, Cont'd. 320 Carpenter Drive, also spoke in strong opposition to the PCD. When Mr. Smith complained of the burning of debris, Mr. Whitbeck presented a permit to burn which was obtained from the Fire Marshal's Office. Upon question by Vice Mayor /Director Jones, Mr. Whitbeck said his client would be willing to use 5th Street for ingress and egress, ' and that he would not bring debris from other locations to the site. Upon question by Director Shackelford, Mr. Whitbeck said his client would not haul rubbish and debris for burning on the property. City Manager Susan Fleming advised the Board that the portion of the property lying in the floodway was not included in the proposed zoning plan; also, that the City had been unsuccessful in obtaining the parcel in the flood - I way. Regarding screening, Mr. Whitbeck said, "we will bring in necessary shrubs so the building cannot be seen." He further stated he would file a letter with the Planning Office agreeing to the conditions discussed. Director Bussey then moved, seconded by Director Hess, that the Ordinance be amended to contain the following conditions: "1. The - removal of the present 6 ft. board fence. 2. Plant in its stead a compact screen of 6 ft. tall red top photenia. 3. Locate the drive so as to use West Capitol Avenue as the access in and out. 4. No burning of debris or trash on site. , 5. No hauling of such material to the site from job sites." I The motion was unanimously adopted by the Board Members present, and the Ordinance, as amended, was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Director Hess, I Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 6; Noes - Director Jones - total 1; Absent - None. Whereupon, the Ordinance, as amended, was declared PASSED. I Directors Hess and Hubbell were excused. Zoning Application Z- 4223'from Nancy Ernestine Vines for Johnnie Faye and William Ernest Sullivan was the next presentation. The application requested the rezoning of 1 acre at Pinnacle Valley and Beck Roads (long legal description), from "R -2" Single - family District to "C -1" Neighborhood Commercial District, as approved by the Planning Commission. There was no opposition and Ordinance No. 14,670 was presented, with the .title being: ' AN ORDINANCE RECLASSIFYING PROPERTY 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; (Z -4223) 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 i present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones to again suspend the rules and place the Ordinance on third and final reading, which motion was seconded by Director Weeks, and adopted by unanimo 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 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 - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. I 60.1 JUNE 5, 1984, Cont'd. Consideration was then given to Ordinance No. 14,671, entitled: AN ORDINANCE ADOPTING THE STEPHENS SCHOOL NEIGHBORHOOD PLAN; (Endorsed by Planning Commission) ' with there being a first reading of the Ordinance. A motion followed from Director Shackelford, seconded by Director Jones, 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 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, with an ensuing motion then being made by Director Jones to again suspend the rules and place the Ordinance on its third and final reading. Director Weeks seconded the motion, which was adopted by unanimous vote of the members of the Board o' 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, re- sulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. It was then announced that the Ordinance had PASSED. An application for a Planned Unit Development was presented from Maury Mitchell, for Gerald Horton, titled "Walnut Square Short Form "PRD" (Z -4206) located at the I S/E Corner of "A" and Walnut Streets. The application had received the approval of the Planning Commission on May 15, 1984. No one was present to oppose the development and Ordinance No. 14,672 was presented, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED WALNUT SQUARE "PRD" (Z -4206) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSE ; 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 Jones, which was unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of ' Directors- elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Jones that the rules again be suspended and the Ordinance be placed on third and final reading. Director Weeks seconded the motion, which 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. 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, with the response being: Ayes - Director Jones, Mayor Benafield, Directors Weeks, Bussey, and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield then announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 14,673, containing the following title: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 302 NORTH ' SHACKLEFORD (Z- 3419 -A), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (.To permit a beauty salon in 110-3" Office and Institutional District) with the Ordinance being read the first time; after which there was a motion by Director Shackelford for a suspension of the rules and the placing of the Ordinance II 60 JUNE 5, 1984, Cont'd. on second reading. The motion was seconded by Director Jones, 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 Ordinanc followed, with a motion thereafter being made by Director Jones and seconded by Director Weeks, to further suspend the rules and place the Ordinance on third and fina 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 - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,674 was presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6100 MITCHELL DRIVE (Z- 4224), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For construction of a motel in "I -2" Light Industrial'District) , and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Shackelford, seconded by Director Jones, 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. The Ordinance-was then read the second time. There was an ensuing motion by Director Jones, seconded by Director Weeks, 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 i Ordinance. The passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell total 2. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 14,675, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE NORTH- WEST CORNER OF THE INTERSECTION OF KANIS ROAD AND MEDICAL CENTER DRIVE (Z- 4228), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For construction of a hotel in "0 -2" General Office District) 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 five in number and two- thirds or more of the members of the Board of I Directors - elect. There was a second reading of the Ordinance, followed by a sub- sequent motion made and seconded by Directors Jones and Weeks, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion , received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was I I )03 JUNE 5, 1984, Cont''d. then submitted to an Aye and No Vote, which received the following response: Ayes - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; ' Noes - None; Absent - Directors Hess and Hubbell - total 2. Mayor Benafield announced that the Ordinance had PASSED. Ordinance No. 14,676 was considered at this time, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 8517 GEYER SPRINGS ROAD (Z- 4231), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (TO be used for an auto parts store with installation of tires, wheels and shock absorbers in 11C -3" General Commercial District.) and 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 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. 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 Ordi- nance at this time, with the motion being made by Director Jones, seconded by Director Weeks, 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 last reading of the Ordinance, followed by an Aye and No i Vote taken on the question, Shall the Ordinance Pass, with the response being recorded as follows: Ayes - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. The Ordinance was then declared PASSED. Introduced at this time was Ordinance No. 14,677, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED APPROXIMATELY 320 FEET NORTH OF THE INTERSECTION OF WEST SIDE DRIVE AND KANIS ROAD (Z- 4243), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used for an office - warehouse in "C -3" General Commercial District) 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 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 Jones, seconded by.Director Weeks, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Jones, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 5; Noes - None; Absent - Directors Hess and Hubbell - total 2. Therefore, the Ordinance was declared PASSED. ' Directors Hess and Hubbell were re- enrolled. A proposed Ordinance was presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2908 SOUTH BATTERY (Z- 4225), SETTING -FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To be used as a duplex in "R -3" Single - family District) 60 �I JUNE 5, 1984, Cont'd. with there being a first reading of the Ordinance. The application for the permit was approved by the Planning Commission with the condition that the applicant lay a gravel base on the alley from 29th Street to the proposed paved parking area in the rear yard. Ms. Lorene Ward, the applicant, requested that the Board approve the application with- ' out requiring her to apply a gravel surface to the alley. Mayor Benafeild explained to Ms. Ward that the Planning Commission approved her Conditional Use Permit with the condition that the gravel be applied. Director Bussey suggested the matter be delayed in order to give Ms. Ward an opportunity to obtain help with acquiring and applying the gravel. A motion followed by Director Hubbell, seconded by Director Weeks, that the rules be suspended and the proposed Ordinance be read the second time. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance i was read the second time and there was no motion for suspension of the rules; therefore the proposed Ordinance remained on the calendar for third and final reading on June 19, 1984. i A public hearing had been scheduled for this time and place by Resolution No. 7,19 , with Notice thereof duly published on May 22, 1984 and May 29, 1984, to vacate a portiol ' of the alley in Block 7, Pike Addition, for the Asher Avenue Fire Station. The City of Little Rock is the sole owner of the property abutting the alley. Mayor Benafield then declared the public hearing open and with no one present to oppose the alley closure, the public hearing was declared closed and Ordinance No. 14,678 was presented, contain- ing the following heading: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 7, PIKE ADDITION, TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and secondell by Directors Hubbell and Hess, respectively, to suspend the rules and place the ordi- nance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Jones and Hess, Mayor Bena- field, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. A public hearing had been scheduled for this time and place on the issuance of $8,400,000 Flintkote Industrial Development Revenue Bonds for the purpose of refunding the Series 1981 Bonds. Mayor Benafield declared the public hearing open and when no one appeared to address the issue, the hearing was declared closed and Ordinance No. 14,679 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF REFUND THE SERIES 1981 BONDS; AUTHORIZING A BOND PURCHASE AND ASSIGNMENT , AGREEMENT SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND THE FLINTKOTE COMPANY, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; I I POWER CART RENTALS AT CITY GOLF COURSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Consideration was then given to Resolution No. 7,206, containing the following heading: A RESOLUTION ALLOCATING THE LITTLE ROCK JOB TRAINING PROGRAM AT TITLE II -A FUNDS FOR 1984; ' and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Jones and Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Resolution No. 7,207 was considered, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO PURCHASE 4.2 ACRES IN ROCK CREEK; and after a complete reading of the Resolution, there was a motion by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Introduced next was Resolution No. 7,208, described as: ' A RESOLUTION FOR THE PURPOSE OF AUTHORIZING THE FILING OF AN URBAN DEVELOPMENT ACTION GRANT APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA ON BEHALF OF THE RENAISSANCE CORPORATION AND DECLARING AN EMERGENCY; "Main Street Proiect." 5 JUNE 5, 1984, Cont'd. I and said Ordinance was read the first time, after which there was a motion by Director Hubbell, 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 ' 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 Ordi- nance, with the motion being made by Director Hubbell, seconded by Director Hess, 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 10 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. Resolution No. 7,205 was the next presentation, with the title being: A RESOLUTION SETTING NEW FEES TO BE PAID TO THE CITY BY GOLF PROFESSIONALS FOR POWER CART RENTALS AT CITY GOLF COURSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Consideration was then given to Resolution No. 7,206, containing the following heading: A RESOLUTION ALLOCATING THE LITTLE ROCK JOB TRAINING PROGRAM AT TITLE II -A FUNDS FOR 1984; ' and the Resolution was read in its entirety. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Jones and Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Resolution No. 7,207 was considered, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO PURCHASE 4.2 ACRES IN ROCK CREEK; and after a complete reading of the Resolution, there was a motion by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Weeks and the Resolution adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Introduced next was Resolution No. 7,208, described as: ' A RESOLUTION FOR THE PURPOSE OF AUTHORIZING THE FILING OF AN URBAN DEVELOPMENT ACTION GRANT APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA ON BEHALF OF THE RENAISSANCE CORPORATION AND DECLARING AN EMERGENCY; "Main Street Proiect." 5 606 JUNE 5, 1984, Cont'd. and there was a full reading of the Resolution. A motion then followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and is recorded as follows: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent None. The Emergency Section contained in Section 4 of the foregoing Resolution was then read and adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Therefore, the Resolution, together with the Emergency Section, was then declared ADOPTED. The next matter to be considered was Resolution No. 7,209, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT ACCESS AND DRAINAGE EASE- MENTS TO THE SEXTON COMPANY FOR THE CONSTRUCTION OF A DRIVE ACROSS CITY PROPERTY AT ROCK CREEK COURTS; and said Resolution was read in full, and thereafter adopted upon.motion of Director Hubbell, seconded by Director Weeks, and by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and ' I Hubbell - total 7; Noes - None; Absent - None. Resolution No. 7,210 was presented, described as: A RESOLUTION EXTENDING FIRESERVICE CONTRACTS FOR A ONE YEAR PERIOD FOR CERTAIN COMPANIES OUTSIDE THE CORPORATE LIMITS; and there was a complete reading of the Resolution. A motion was then made by Director Hubbell, seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. The next matter to be considered was Resolution No. 7,211, entitled: A RESOLUTION ESTABLISHING BOARD OF DIRECTORS' POLICY FOR ZOO SPECIAL EVENTS; with said Resolution being read in full and thereafter adopted upon motion from Director Hubbell, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford ' and Hubbell - total 7; Noes - None; Absent - None. The next Resolution to be presented was No. 7,212, containing the following caption: A RESOLUTION EXPRESSING A POLICY FOR REVENUE PRODUCING EVENTS OF THE FRIENDS I OF THE ZOO; and the Resolution was read in its entirety. A motion followed by Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Directors Jones, Hess,,Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Resolution No. 7,213 was presented, described as: A RESOLUTION AUTHORIZING THE SALE OF FIREWORKS IN THE AREAS PROPOSED FOR ANNEXATION TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; ' and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Director Weeks, that the Resolution be adopted. The ensuing roll call i vote then adopted the Resolution as herein recorded: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; o7. JUNE 5, 1984, Cont�d. I Noes - None; Absent - None. At this point in the meeting, Mr. Ron Paulsen, general manager of Riverside Cable TV, addressed the Board of Directors announcing that Riverside is adding a pay sports channel, "Sports Time ", to its programming list. The channel, which will broadcast at night, will carry St. Louis Cardinal baseball games: Also, that instead of the Praise The Lord (PTL) religious channel, the Trinity Broadcasting Network, Inc. and the American Christian Television Station (ACTS) will be added. These changes are to become effective June 12, 1984. Mr. Paulsen said that local surveys found a demand for both these religious channels with the City's Interfaith Cable Committee, a multi - denominational board, approving the changes. He further stated that many of the programs offered on the PTL network are carried by other stations. Rev. George Gunn of Pulaski Heights Presbyterian Church, representing the Interfaith Cable Committee, endorsed the proposed changes which he said would provide a "fair representation" of programming for all major denominations. Mr. Glenn E. Hickey of 1707 Tarrytown Road, also spoke in favor of the change. He explained some pertinent facts about ACTS; that it does not permit any direct solicitation of funds on any of its programs, and is the kind of religious programming Little Rock needs. Mr. Paul Zander, 6800 Green- wood Road spoke in opposition to the change. He requested that a'survey of PTL listeners be taken and suggested that the Board delay action until further study can be made by the Board; consider access to another channel to accommodate ACTS; and hold a public hearing before any change is made. Director Hess requested Riverside to advise viewers of the changes and the effective date, if approved, by rolling the announcement i on the screen. There was no further discussion and Ordinance No 14,680 was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,790, THE CABLE TELEVISION ORDINANCE, TO AUTHORIZE THE ADDITION OF TRINITY ON THE INTERFAITH CABLE CHANNEL AND THE ADDITION OF I ACTS TO REPLACE PTL; and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 again made by Director Hubbell and seconded by Director Weeks, to suspend the rule and place the Ordinance on third and final reading. The motion was unanimously adopte by 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 Ordi- nance and resulted as follows: Ayes - Directors Jones, Hess, Mayor Benafield, Directo Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,681, containing the following caption: AN ORDINANCE APPROVING FEBRUARY 1, 1985 AS THE PERMANENT SYSTEM START UP DATE, ALLOWING FOR A MUNICIPAL LEASE ARRANGEMENT AND FOR THE APPEAL OF ALL LAWS OR PARTS OF LAWS IN CONFLICT THEREWITH, AND DECLARING AN EMERGENCY; (For Ambulance Service for the City of Little Rock - Ambulance Authority Public Utility Model) with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Weeks, seconded by Director Jones, 60 I JUNE 5, 1984, Cont'd. 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 made by Director Hess, seconded by Director Weeks, that the rules again be suspended and the Ordinance be • ' placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey and Shackelford - total 6; Noes - None; Abstaining - Director Hubbell - total 1; 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 Jones, Hess, Mayor Benafield, Directors Weeks, Bussey_ and Shackelford - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. At this point in the meeting Director Bussey requested that the Board consider ' an Ordinance that did not appear on the Official Agenda, that he felt was an emergency. The Board of Directors unanimously agreed to place the Ordinance on the Agenda, and Ordinance No. 14,682 was presented, with the title being: AN ORDINANCE CONDEMNING A CERTAIN BUILDING IN THE CITY OF LITTLE ROCK AS A STRUCTURAL, FIRE AND HEALTH, HAZARD; DECLARE AN EMERGENCY AND DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID BUILDING; (2218 South Cross Street) and after a first reading of the Ordinance, there was a motion by Director Shackelford, second64.by,Direc.tor 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 Weeks to again suspend the rules and place the Ordinance on third and final reading, which motion was seconded by Director Bussey, and unanimously.adopte ' by the)Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. 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.Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 8 of the foregoing Ordinance was then I read and adopted by the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had PASSED. Ordinance No. 14,683 was presented, described as: AN ORDINANCE AMENDING ORDINANCE NO. 14,654 TO INCREASE THE MEMBERSHIP OF THE MOTION PICTURE AND TELEVISION COMMISSION; ' (From 15 to 22 Members) and there was a first reading of the Ordinance; after which a motion was made by Director Weeks to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Shackelford and adopted by unanimous vote of the i I 609 JUNE 5, 1984, Cont'd. 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, with the second reading of the ' Ordinance following. A motion was then made by Director Bussey and seconded by Director Weeks, which further suspended the rules to place the Ordinance 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. There was a third and last reading of the Ordinance, which resulted in an Aye and No vote being taken on the question, Shall the Ordinance Pass, and the vote is recorded herein as follows: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The last matter to be presented was Resolution No. 7,214, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE MOTION PICTURE AND TELEVISION COMMISSION; (Allen Feuer, Clay Gring, John Hunt, Lynn Lloyd, Clint Lolley, Mrs. Doyle Rogers, Dr. Hampton Roy, Jane McCallum, Brenda Mitchell, Vince Foster, Phyllis Carter, Bob Hess and Carolyn Long) ' with said Resolution being read in full and thereafter adopted upon motion of Director Weeks, seconded by Director Shackelford, and the following roll call vote: Ayes - Directors Jones, Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hubbell - total 7; Noes - None; Absent - None. There being no further business to be presented, it was moved by Director Hubbell, seconded by Director Weeks, and unanimously carried that this meeting be recessed at 9:25 o'clock P. M., and that the Board of Directors reconvene on Wednesday June 13, 1984 at 1:30 o'clock P. M., to consider a major industry possibly locating in Little Rock. I I i APPROVED: ATTEST: ?4ay- City Clerk Jane Czech Mayor J. W. Benafield i I * * * * * * * * * * * * i i I Board of Directors Chamber Little Rock, Arkansas June 13, 1984 - 1:30 P. M. II The Board of Directors of the City of Little Rock, Arkansas, reconvened from the June 5, 1984 Meeting with Mayor Benafield presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Weeks, Hubbell and Jones - total 3; Absent - Directors Hess, Bussey and Shackelford - total 3. A quorum was declared present by Mayor Benafield and following is an account of the proceedings. City Manager Susan Fleming requested that the Board of Directors consider and j place on the June 19, 1984 Official Agenda, the following items: 1. Approve the sale of 19 acres of land in the Port Industrial Park to an unidentified firm that proposes to construct a major industry on the site. 2. Adopt a Resolution committing the City of Little Rock, Arkansas to issue Industrial Development Revenue Bonds; Authorizing the conveyance of lands; And prescribing other matters pertaining thereto. Mr. Jack Murphy, Director of Finance, stated that the firm has agreed to the City's ' conditions and that he is reviewing plans and financial background with company representatives. Mr. Bob Brave, Director of the Port Authority told the Board the firm is a manufacturing plant that will employ 150 people; that soil tests are now being made, but that he was confident the site would be found suitable. He further stated that representatives of the firm will be present at the June 19th Board Meeting, at which time the name of the company will be' announced. A motion then followed from Director Hubbell, seconded by Director Jones, and was unanimously adopted by the Board Members present, which placed the two matters on'the June 19, 1984 Official Agenda of the Board of Directors. There being no further business to be presented, it was moved by Director Weeks, seconded by Director Hubbell, and unanimously carried, that this meeting be adjourned at 1:40 o'clock P. M., and that the Board of Directors convene i again in regular session at 7:30 o'clock P. M. on Tuesday, June 19, 1984. ' I ATTEST: G�w �/ APPROVED:i% City Clerk Jane Czech Mayor J. W. Benafield I i I I 11 Board of Directors Chamber I I Little Rock, Arkansas June 19, 1984 - 7:30 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. I With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Hess. To begin the official business Mayor Benafield presented a "Certificate of Appreciation" to Mrs. Sharon Pallone who was named an "American Heroine" in the July issue of the "Ladies Home Journal." Mayor Benafield asked City Manager Susan Fleming to read the following paragraph from the July 19th "Journal" news release: "Sharon Pallone, a mother of two, became involved with abused and -neglected children after a single poignant encounter with a young woman carrying her baby. The woman appeared to be in trouble, and the baby looked sick and unkempt. Determined not to 'turn my back.on.her,' she supported the young woman, with such encouraging results that a doctor friend suggested she train people to do what she was doing.. Her grass -roots effort, the JOURNAL reports, has grown into SCAN (Suspected Child Abuse and Neglect), helping thousands of families- throughout the country." Mayor Benafield commented that Mrs. Pallone is a unique thread in the fabric of our community. The Consent Agenda was the next presentation consisting- of the following items: _ 1. ­ (a) The reading of the Minutes of the previous meeting held June 5, 1984, and the reconvened meeting held June 13, 1984. (b) The 1983 Audit Report of the Little Rock Policemen's Pension and Relief Fund. (c) The 1983 Audit Report of the Little Rock Municipal Judges Retirement Fund. (d) Resolution No. 7,215, entitled: A RESOLUTION AUTHORIZING THE CITY. MANAGER TO .ACCEPT BIDS AND-AWARD THE ANNUAL.;CONTRACT.FOR THE-PURCHASE OF THE PRINT SHOP PAPER. (e) Resolution No. 7,216, with the.title being.:. A RESOLUTION EXPRESSING SUPPORT OF PROPOSED ROADWAY AND INTERCHANGE .IMPROVEMENTS. ASSOCIATED' WITH.,..THE OTTER ' CREEK SHOPPING MALL. (f) Resolution No. 7,217, described as: 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. (Allsopp Park) By Motion from Director Hubbell, seconded by Director Weeks, 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 13, 1984. were. approved as written and summarized to the members of the Board of Directors; (b & c) The 1983 Audit Reports of the Policemen's Pension & Relief Fund and Municipal Judges Retirement.Fund..were received and filed; and (d, e & f) Resolutions No. 7,215, 7.,216 and 7,217 were read in full and adopted by the following roll call vote: Ayes - Director. Hess,. Mayor Benafield, Directors Weeks, Hussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Consideration was then given to Resolution No. 7,218, containing the following caption: 61 JUNE 19, 1984, Cont'd. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF OMEGA TUBE & CONDUIT CORPORATION PURSUANT TO AN OFFER TO PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND OMEGA TUBE & CONDUIT CORPORATION AS TO TRACT D, AREA 103, LITTLE ROCK PORT INDUSTRIAL PARK, SAID DEED TO CONVEY THE LAND AS DESCRIBED HEREIN AND TO BE DELIVERED.UPON PAYMENT OF THE TOTAL AMOUNT OF THE , PURCHASE PRICE; AND FOR OTHER PURPOSES; and said Resolution was read in full. The Resolution was thereafter adopted upon motion of Director Hubbell,-seconded by Director Shackelford, and.by the following roll call vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 71,219 was presented, entitled: A RESOLUTION COMMITTING THE CITY OF LITTLE ROCK, ARKANSAS TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS; AUTHORIZING THE CONVEYANCE OF LANDS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO (Omega Tube & Conduit Corporation); and after a complete reading of the Resolution, there was a motion by Director Hubbell and seconded by Director.Shackelford, that the Resolution be.adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. . At the time allotted for Citizen Communications, Officer Steve Young of the Fraternal Order of Police .presented a drawing for a proposed new City Hall. In a prepared statement he opposed renovation of the present City Hall, which he said would be in excess of 15.6 million dollars, and supported construction of the City Hall displayed ' at a cost of 8.8 million dollars. In conclusion he stated, "it is clear to the 'Fraternal Order of Police ..that the issue of either renovation or new construction of a City Hall facility is a matter of utmost concern to all citizens. It is therefore the position of the Fraternal Order of Police that this issue can best be.resolved by a vote of the General Public to determine their preference for renovation, new construction or neither of the two. In the final analysis, it is always the taxpayer who must pay the bills. We shall support the decision of the people on this matter." Ms. Cheryl Nichols, Executive Director of the Quapaw Quarter Association spoke for renovation, saying it frequently cost less per square foot to renovate a building than to construct a new one. She said a "mediocre" City Hall would denote a "mediocre" City, and that rehabilitation is a "wise use of funds." Mr. Charles E. Rhodes, Chairman of the Barrow Action Group, told the Board of Directors that his neighborhood had been promised action on its flooding problems when residents complained six weeks ago,.but the John Barrow area was "being swept under the proverbial rug." He suggested the existing City Hall be sold to a Holiday Inn hotel chain. There were no questions or further discussion on the City Hall issue. A Public Hearing and Ordinance had been scheduled and placed on the Agenda for the Zoning Appeal (Z- 4209.) filed by Attorney Steve Hughes for Kenneth Vernon and Jim Dixon, to rezone 1510 Schiller Avenue, from "R -4" Two - family District. to "MF -18" Multi- family District, denied by the Planning Commission. Mr. Hughes did not file return receipts with the City Clerk to objecting property owners ' within 200 feet of the property proposed for rezoning, therefore the Public Hearing was rescheduled. for July 17., 1984, and no action was taken. The following applications for rezoning were presented at this time, as approved by the Planning Commission on May 29, 1984. Z- 2037 -A - From Jim Baldridge to rezone 7120 South University Avenue (long legal description), from "C -3" General Commercial District to "C -4" Open Display District. Z-4220 - From Charles and Norma Jean Turley to rezone property at 2322 and 2324 Walker Street (Lots 1 and 2, Turley Subdivision) , from "R -4`" Two- family District to "R -2" Single- family District. Z -4222 - From Attorney Shelby R. Blackmon for Union Rescue Mission, Inc. to rezone 3001 Confederate Boulevard (long legal description), from "I -2" Light Industrial District to "C -3" General Commercial District. Z -4227 - From John D. Ward, Sr. to rezone 917 West 2nd Street (Lot 4 and the E 1/2 of Lot 5, Block 254, Original City of Little i i i 13 JUNE 19, 1984,'Cont'd. Rock, from "C -4" Open Display District to "C -3" General Commercial District. Z -4233 - From Ronnie Wells for N. C. Withrow, Jr. to rezone a parcel on Baseline Road, east of Distribution Drive (long legal l , description), from "R -2" Single - family District to "I -2" Light Industrial District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,684 as follows) There was presented Ordinance No. 14,684, 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; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Hess, 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 made by Director Hubbell, seconded by Director Weeks, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors -present, being seven•in number and two - thirds or more.of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance which resulted. -as herein recorded: Ayes - Director Hess, Mayor Benafield, Directors Weeks, ' Bussey, Shackelford, Hubbell and Jones -. total 7; Noes- - None; Absent _ None. Therefore, the Ordinance was declared PASSED. Zoning Petition Z- 4066 -A - from Maury Mitchell. for. Winrock Development Company was presented next. The application requested the rezoning of the S/E Corner of Markham and Alamo. (long legal description), from "R -2" Single - family District to "C -1" Neighborhood Commercial District. ...The application was amended. to. exclude the property in the floodway, and was approved by the Planning Commission on May 29, 1984. There was no opposition presented and Ordinance No. 14,685 was placed on first reading,.containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY IN MARKHAM PINES ADDITION; AMENDING THE MAP SHOWN AS PART OF SECTION 43 OF THE CODE-OF ORDINANCES; AND FOR OTHER PURPOSES; with the Ordinance being .read the.first time.. A.mo.tion was then made by Director Hubbell, seconded by Director..Hess, 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 a second reading of the-Ordinance.ensued.. There was a motion again made by.Director- Hubbell, seconded.b.y.Director Weeks,. 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 with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks,• Bussey, Shackelford, Hubbell and.Jones - total•.7;.. -- ,Noes.- None; . Absent - None... Whereupon, the Ordinance .was declared. PASSED .,] Consideration was then given to Ordinance.No.. 14,686,_entitled: AN ORDINANCE ISSUING A CONDITIONAL USE.PERMIT..F.OR PROPERTY.LOCATED AT 2908 SOUTH BATTERY. (Z- 4225),. SETTING :FORTH THE. CONDITIONS ATTACHED THERETO;. AND FOR .OTHER PURPOSES; (For duplex in "R -3" District); and there was a third and final reading of the Ordinance. Ms. Lorene Ward, the applicant stated the condition of placement of gravel in the alley had.been complied with. A roll call was taken on the-question, Shall the Ordinance Pass, with the response :being:- -Ayes -. Director Hess, Mayor Benafield, Directors_ Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent -. None...... It, was then announced that the Ordinance -had PASSED. ._._._ i A Public Hearing had been scheduled by Resolution No. 7,198, with notice -thereof. -duly published -on June.12, 1984 and-June-19i-1984t on the 'petition from .Hathaway & .Moore for. Conrad..E. .Spann,- et . al, to vacate 'land close part of 12th Street right -of -way as dedicated on the 1 I i 61 II JUNE 19, 1984, Cont'd. i Replat of Roosevelt Park Addition which lies 500 feet west of Kanis and Shackleford Roads, as approved by the Planning Commission. Attached to the petition was a copy 'of the plat of Roosevelt Park Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. Mayor Benafield then declared the ' Public Hearing open and with no one present who, wished to speak against the proposal, the Public Hearing was declared closed and Ordinance No. 14r687-was presented,.with the title being: AN ORDINANCE VACATING AND CLOSING PART-OF 12TH STREET RIGHT -OF- WAY AS DEDICATED ON REPLAT OF ROOSEVELT PARK ADDITION WHICH LIES 500 FEET WEST OF KANIS AND SHACKLEFORD ROADS; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time, followed by a motion by Director Hess, 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 last reading of the Ordinance -at this time, with the motion being made by Director Shackelford, seconded by Director Hess, 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 question, Shall the Ordinance Pass-, with the results recorded as follows: Ayes - Director Hess, Mayor Benafield, Directors Weeks, 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7;. Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. A Public Hearing had been scheduled for- this time and place by Resolution No. 7,199, with notice thereof duly published on June 12, 1984 and June 19, 1984, on the petition from Hathaway & Moore for Joseph F. Sexton, to vacate and close a 20 foot unnamed street right- of -way north of Rock Creek Parkway and at the west boundary of Hillvale Addition 500 feet east of Parkway Place Drive; as approved by the Planning Commission. Attached to the petition was a copy of Hillvale Addition on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting-property. Mayor Benafield then declared the Public Hearing open and with no one present who wished to speak for or against the proposal, the Public Hearing was -declared closed and Ordinance No. 14,688 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THAT PART OF 20 FOOT ROAD R -O -W, NORTH OF ROCK CREEK PARKWAY AND AT WEST BOUNDARY HILLVALE ADDITION 500 FEET EAST OF PARKWAY PLACE DRIVE; AND DECLARING AN- EMERGENCY; and after a first reading of the Ordinance; there was -a motion by I Director Hess, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. A subsequent motion was made by Director Shackelford to susepnd the rules and place the Ordinance on third and final reading, which motion was seconded by Director Hess, 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 with, the response being: Ayes - Director Hess,, Mayor Benafield,' Directors Weeks, 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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. A public hearing had also been scheduled by Resolution No. 7,200, with notice thereof duly published on June 12, 1984 and June 19, 1984, on the petition from Robert Slay, Agent for 'Dante Jacuzzi, to vacate 1 I I L JUNE 19, 1984, Cont'd. and close Garfield Street between the south line of "J" Street.and the north line of "I" Street in the City of Little Rock, as approved by the Planning Commission. Attached ^to the petition was a copy of the plat of Pleasant'Hill Addition to the City of Little Rock, on-file in the Pulaski 'County Circuit Clerk's Office, and a letter from Beach Abstract and Guaranty Company showing the last owners of record to abutting property. Mayor Benafield then announced the opening of the public hearing and with no one present who wished to speak against the proposal, the'public hearing was declared closed and Ordinance No. 14,689 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING GARFIELD STREET BETWEEN "I" AND "J" STREETS, IN PLEASANT HILL ADDITION TO THE.CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by. Director Hess, 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 last reading of the Ordinance at this time, with the motion being made by Director Shackelford, seconded by Director Hess, 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 with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks., Bussey, Shackelford,.Hubbell. and Jones -.total 7;' Noes . - None; Absent!- .None..: it was then _ announced that the-Ordinance had PASSED.: Another public hearing had been scheduled for this time and place by Resolution No. 7,201, with notice thereof duly published on June 12, 1984 and June 19., 19.84,.on.the petition from-Attorney Christopher Barrier for B,.H &• G .Properties,. to vacate and .close a portion of Westside Drive located in Westside Commercial Subdivision off Kanis Road, as approved) by the :Planning Commission. •.Attached to the petition was a plat of the subdivision -by _Summerlin, &_Associates, and a letter from Beach Abstract & Guaranty Company showing B, H & G Properties as the sole owner of the property. The public hearing was then declared ,open.and .with no one present to.object to the proposal, the public hearing was closed and Ordinance;No 14 ,.690,.was_ presented, entitled: AN ORDINANCE VACATING AND CLOSING A PORTION OF WESTSIDE DRIVE LOCATED IN WESTSIDE COMMERCIAL SUBDIVISION, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Hess, 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 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 to further suspend the rules and place the Ordinance on third and final reading, which motion was seconded by Director Hess, 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, after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance was the next presentation, described as: AN ORDINANCE GRANTING A FRANCHISE TO MARKHAM STREET PARTNERSHIP FOR A RIGHT -OF -WAY AT 201 EAST MARKHAM STREET; with there being a first reading of the Ordinance. A motion then followed 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 seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance followed. There was no motion made for further suspension of the rules to permit the proposed Ordinance to remain on file in the City Clerk's Office one week, prior to its final passage and approval. Therefore, the proposed Ordinance remained on the calendar for third and final reading on July 3, 1984. sis JUNE 19, 1984, Cont'd. Consideration was then given to Resolution No. 7;220, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT. BIDS AND AWARD A CONTRACT TO BROOKS JACKSON ARCHITECTSi INC. -FOR THE ASHER AVENUE FIRE STATION -AND FOR EXPENDITURES NECESSARY.-TO SUPPORT THAT , CONTRACT; and after a complete reading of the Resolution, there was.a motion by.-!- Director Hubbell and seconded by Director Weeks, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote:" Ayes -- Director= Hess',: Mayor-- Benafield., Directors - Weeks,- 'Bussey, Shackelford,' - Hubbell and Jones _.total -7; Noes - None; Absent - None. The last matter to be considered •was - Ordinance - No. 14,691, containing the following caption: -_ AN ORDINANCE -GRANTING' A FRANCHISE TO CAPITOL' AVENUE- DEVELOPMENT COMPANY, TO USE --THE AIR SPACE ABOVE .PART OF THE RIGHT -OF -WAY: AT THE- - INTERSECTION OF WEST SIXTH AND SPRING STREETS FOR• THE. PURPOSE-OF CONSTRUCTION OF AN ENCLOSED SKYWALK; (For Capitol- • Tower) and after a first reading of the Ordinance-, there was a motion by- Director Hubbell, 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 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 Hubbell-and seconded by Director Hess, to further suspend the rules and place the Ordinance on third and final reading. The motion -was unanimously adopted•by -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 - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford',. Hubbell and Jones - total 7; Noes - None; - Absent - None. Mayor Benafield: then 'announced that the Ordinance had PASSED, and would . remain in the Office of the City Clerk one week, to be confirmed on. July 3-, 1984 by the Board of- Directors. There being no further business to�be presented, it was moved by Director Hubbell, seconded by Director Shackelford, and unanimously carried that this meeting be adjourned - at'8:05 o'clock P. M., and that the Board of Directors convene again in regular session at T:30 o'clock P. M. on Tuesday, July 3, 1984. . ATTEST: Jy�Q� � �!��fi�/lt/ APPROVED: City Clerk Mayor I V Board of Directors Chamber I Little Rock, Arkansas July 3, 1984 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Benafield presiding and City Clerk Jane Czech, and the following Directors present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Absent - None. I A quorum was declared present and the proceedings of the meeting are recorded as follows: The Invocation was given by Mayor Benafield. The first presentation was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held June 19, 1984. (b) The Financial Report of the City of Little Rock for 1983. (c) Resolution No. 7,221, entitled: A RESOLUTION OF THE CITY BOARD OF DIRECTORS TO THE ' PLANNING COMMISSION AND STAFF DIRECTING THEM TO RESOLVE FLOODWAY AND MASTER PARKS PLAN FLOOD PLAIN ISSUES ON REZONING CASES BEFORE THE CASES ARE FORWARDED TO THE I BOARD OF DIRECTORS FOR FINAL ACTION. (d) Resolution No. 7,222, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR ENGINEERING SERVICES FOR THE KANIS ROAD -ROCK CREEK BRIDGE PROJECT AND THE ADVANCE ENGINEERING PROGRAM FOR 1984. (e) Resolution No. 7,223, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE GEYER SPRINGS BRANCH DRAINAGE PROJECT.(f) Resolution No. 7,224, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR FIRE HOSE AND FOR OFFICE SUPPLIES. (g) Resolution No. 7,225, entitled: A RESOLUTION APPROVING THE ISSUANCE BY METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ' ARKANSAS OF NOT TO EXCEED $540,000 PRINCIPAL AMOUNT OF ITS REVENUE BONDS (HUSSMAN PROJECT) SERIES 1984. (h) Resolution authorizing the City Manager to exercise the option to renew the City's Vehicle Liability Insurance Policy removed from Consent Agenda by motion made by Director Hubbell, seconded by Director Hess and unanimously adopted. (See Resolution No. 7;227 immediately following the Consent Agenda. (i) Resolution No. 7,226, with the title being: A RESOLUTION COMMITTING THE CITY OF LITTLE ROCK TO THE DOWNTOWN PARTNERSHIP AND DEFINING THE ROLE OF CITY IN SAID ORGANIZATION. By a motion from Director Hubbell, seconded by Director Hess, I which was unanimously adopted by the Board Members present, the foregoing items were dispensed with as follows: (a) The Minutes of the previous meeting held June 19, 1984 were approved as written and summarized; (b) The 1983 Financial Report of the City of Little Rock was received and filed; (c, d, e, f, g and i) Resolutions No. 7,221, 7,222, 7,223, 7,224, 7,225 and 7,226 were read in full and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - ' None; Absent - None. I 61 JULY 3, 1984, Cont'd. Resolution No. 7,227, removed from the Consent Agenda (Item h) , was then presented containing the following heading: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION , TO RENEW THE CITY'S VEHICLE LIABILITY INSURANCE POLICY; (Baldwin, Meadors and Adams for one year ending 7 -6 -85) and there was a complete reading of the Resolution. Mr. Warren Baldwin of Baldwin, Meadors and Adams, advised the Board.of Directors that he had reviewed the City's Vehicle Liab'ility-Insurance with Mr. E. Jack Murphy, Director of .Finance, and the loss ratio last year' was• $137,000. He said he had met with Mr. Nathaniel Hill, Director of General and Human Services to.- discuss reducing.the loss ratio during the coming year. A- drivers training program was.discussed, and a record of accidents of each driver will be kept and if a second accident occurs, that some action be taken. Mayor Benafield noted there was a difference of $50,000 in the bid of Baldwin, Meadors and Adams, and the insurance offered by the Arkansas Municipal League. He asked Mr. Baldwin if he could bind the City,for two weeks in order to be sure that "what we are doing is proper and in the.best interest.of. i the citizens." Mr. Baldwin responded that he would have a problem in complying with the request.because the companies.would say.,- "Bud, try somebody else. My problem is getting someone to take it." He stated that he could write the insurance and that the City could..cancel the policy'at anytime." In refer.ring', to the Municipal--League's `insurance, Mr. Baldwin said, "Actually, you don't have an insurance program.that the Municipal League has - to our .knowledge there is no insurance policy in effect ", and that he" did-. not think the League -'has a, re- insurance contract at this time. Mr. E. Jack Murphy, Director of Finance, advised -that he-had visited with Mr. Don Zimmerman of the , Arkansas Municipal League and they have $188,000 in their Reserve Account to handle claims for all the cities they cover, and they do cover several cities in.the State of Arkansas. There. is a clause in their Plan whereby they would pay only 258 of the program's available funds for any one claim. There is a thirty day cancellation clause in the Plan which they said would be waived for the City of Little Rock. Mr. Murphy said, "we feel that if they should cancel the Plan, then we might have trouble obtaining insurance. with Mr. Baldwin's company." There were several factors.other than the $50,000 savings in the two bids. After-lengthy discussion and questions among Board Members, a motion followed from Director Shackelford, seconded by Director Hess, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: -Ayes - •Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 6; Noes - Mayor Benafield - total l; Absent.- None:- . - Consideration was then given-to Ordinance No:-14,692, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED PLANTATION HOUSE.PRD (Z -4229) IN THE CITY`OF'LITTLE ROCK, ARKANSAS} AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR- OTHER PURPOSES; and said Ordinance was read the-first timei- 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 Jones, seconded by Director Hubbell, and adopted by unanimous vote of the members of the Board of Directors - elect.-'There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones .and Hess - total 7; Noes - None; Absent - None. -The Ordinance was therefore declared PASSED. Ordinance No. 14,693 was the next presentation, with the title . being: I- AN 'ORDINANCE' APPROVING' A PLANNED UNIT DEVELOPMENT AND ESTABLISHING -A PCD'DISTRICT TITLED LANDSCAPE MATERIAL AND DESIGN PCD (Z -4188) IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING CHAPTER -43 OF- THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; -- .... I _ _,_ . _ _ _ ,. . ... . _. . .- _._ -. - --1 and after a first- reading- of the -Ordinance, there -w as a- .motion '-by Director-Hubbell,'seconde'd 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 presentr- being -seven in , 1 19 JULY 3, 1984, Cont'd. I 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 ' Hubbell, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. There was a third and final reading of the Ordinance after which and Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 14,694, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 12701 HINSON ROAD (Z- 4246), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For private school and related activities in "R -2 District) and said Ordinance was read the first time, followed by a motion from Director Hubbell and 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 Jones, 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 results recorded as follows: Ayes - Mayor Benafield,.Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess. -. total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared. PASSED. Introduced next was Ordinance No. 14,695, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5615 GEYER SPRINGS ROAD (Z- 4255), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For church and related activities in "R -2" District.) with the Ordinance being read the first time. Rev. Paul R. Sanders, minister of the Geyer Springs First Baptist Church was present and stated. that the Church is in complete agreement with the conditions required by the Planning Commission, but requested that the Church be granted a four year extension on the requirement for construction of curb and guttering on the north side of 57th Street for a distance of approximately. 800 feet. The request was being made due to construction costs of a. building and parking lot. A motion then ' followed by - Director Hubbell, seconded by Director Shackelford, that the request for the four -year extension be The motion was adopted by. unanimous voice vote of the Members of -the Board of Directors present. The rules were then suspended to provide for the second-reading of the Ordinance, by a motion made by Director Hubbell, second by Director Jones, and unanimously adopted by the Board Members present., being seven in. number and two - thirds or. more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent motion made and seconded by Directors Jones -and Hubbell, respectively, to suspend the rules and place the .Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number. and two-thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes '= Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. - Consideration was then .given to Ordinance No. 14,696, with the title. being: AN ORDINANCE AMENDING ORDINANCE NO. 14,664 VACATING AND CLOSING FLORIDA STREET BETWEEN THE SOUTHERN BOUNDARY LINE OF LOT 24, BLOCK 2 AND THE SOUTHERN BOUNDARY LINE OF LOT 1, BLOCK 3, IN RIFFEL AND RHOTON'.S FOREST PARK HIGHLANDS ADDITION TO -THE CITY OF LITTLE ROCK, 'ARKANSAS;. .(To comply with Staff requirements for - utility easements). 620�11 III JULY 3, 1984, Cont'd. and said Ordinance was read the first time, followed by 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 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 Jones, seconded by Director 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 read the third and last time, and there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 14,697, described as: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 14,665 VACATING AND CLOSING EAST 7TH STREET SOUTH OF LOT 8, BLOCK 1 AND NICHOLS AVENUE EAST OF BLOCK 1 IN THE OIL MILL ADDITION TO. THE CITY OF .LITTLE 'ROCK, ARKANSAS; (To comply with Staff requirements for utility easements). with the Ordinance being read the first time. The rules were then suspended to allow for the 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 made 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; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes _ Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,698 was the next presentation, containing the following caption: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR REESTABLISHMENT OF A PRD DISTRICT TITLED ST. CROIX APARTMENTS PRD (Z- 4163 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43, ARTICLE VI, SECTION 6 -101 OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Located at the N/W corner of West Capitol and Rodney.Parham• Road). and the Ordinance was read the first time. Mr. Marvin Ables, Ms. Joyce R. Booth and Ms. Lucile Long, property owners in the adjacent Sunnymeade Addition, spoke in opposition to the development. They were concerned with drainage, traffic problems and lighting. Mr. Ables asked that a 6 foot masonry fence be constructed across the , property. Mr. Joe White representing the applicant, Mr. John Rees, said the wall will only reduce noise, not drainage. Upon question by Director Jones, Mr. Richard Wood of the Department of Comprehensive Planning said there would be no problem with a "No Right Turn" sign to exit the development off 5th Street. Neither did Mr. White object to the "No Right Turn." Following the discussion, a motion was made by Director Jones, seconded by Director Shackelford, that the Ordinance be amended to include the following requirements: (1) That a double face fence be erected along the entire west line; (2) That all drainage at the southwest corner on Capitol Avenue be placed underground and that drainage be extended to Sunnymeade ditch; and (3) That "No Right Turn" signs be installed on Capitol Avenue at driveways. The motion was unanimously adopted by the Board Members present. A subsequent motion then followed by Director Hubbell, 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. There was a second reading of the Ordinance, as amended, followed by a motion made and seconded by Directors Hubbell and Shackelford, respectively, to further suspend the rules and place the Ordinance, as amended, on its third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance, as amended, was ' I I I 21 JULY 3, 1984, Cont'd. I I then submitted to an Aye and No Vote, which received the following response: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Mayor Benafield announced that the Ordinance, as amended, had PASSED. At this point in the meeting, Resolution No. 7,228 was presented, entitled: A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK TO NATHANIEL GRIFFIN FOR HIS SERVICE AS DIRECTOR OF COMPREHENSIVE PLANNING FOR THE CITY OF LITTLE ROCK, ARKANSAS; (Resigned after seven years service). and there was a complete reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Shackelford, and by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Presented at this time was a petition submitted by Attorney Jack Williams, for the purpose of establishing the Vimy Ridge Municipal Water Improvement District, for construction within the District of a water system to serve the inhabitants of said District and for construction of a water line beyond the boundaries of said District, if necessary, to make the desired connection with the water system of Little Rock, Arkansas. The petition was accompanied by a Certificate of Abstracter from Little Rock Abstract Company, which certified that the signatures contained in the petition represent a majority in value of assessed real property within the District. A public hearing scheduled for this time and place with Notice thereof having been duly published on June 22, 1984 and June 29, 1984, was declared open. There was no opposition presented, but Mr. Phillip Wyrick, owner of four parcels within the District, but who did not sign the petition, asked that his four properties be excluded from the District. A motion then followed from Director Hubbell, seconded by Director Jones, that the four properties owned by Mr. Wyrick be excluded from the District. The motion was unanimously adopted by the Board Members present, the public hearing was declared closed, and Ordinance No. 14,699 was presented, with the title being: AN ORDINANCE ESTABLISHING VIMY RIDGE MUNICIPAL WATER IMPROVEMENT DISTRICT NO. 139; and said Ordinance was read the first time; after which there was a motion by Director Hess, 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 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 Hess, 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 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 Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The Wrecker Franchise was the next matter to be considered. Mr. Don Manson, 3308 Ludwig Street, the low bidder, felt because his bid was low he should be entitled to the award. Attorney Lowber Hendricks, representing Trek, Inc. presented aerial photographs of both Trek and Manson auto storage lots. He said the Trek lot is much larger and in better condition with lights and telephones; that Trek has eleven wreckers compared to Manson's six. Trek has three service stations which Mr. Hendricks said is an advantage in serving the entire City. Mr. Nathaniel Hill, Director of General and Human Services, lead a team of City Employees in reviewing the bids and ranking the Manson bid first. After lengthy discussion, a motion was made by Vice Mayor /Director Jones, seconded by Director Hubbell, that the Wrecker Franchise be awarded to Manson. A roll call vote was taken on the motion with the response being: Ayes - Directors Hubbell and Jones - total 2; Noes - Mayor Benafield, Directors Weeks, Hussey, Shackelford and Hess - total 5; Absent - None. A subsequent motion then followed from Director Shackelford, seconded by Director Bussey, that the Franchise be awarded to Trek, Inc. A roll call vote taken on the motion is recorded as follows: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hess - total 5; Noes - Directors Hubbell and Jones - total 2; Absent - None. With the motion being 6221 JULY 3, 1984, Coi adopted to award the Wrecker Franchise to Trek, Inc., Ordinance No. 14,700 was,presented, entitled: -AN ORDINANCE AWARDING A WRECKER FRANCHISE IN THE CITY OF-LITTLE ' ROCK; and there was a first reading of the Ordinance. , A motion was then made by Director Hubbell 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 read the second time, resulting in a motion made by Director Hess and again 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 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 - Mayor Benafield, Directors Weeks, Bussey, Shackelford and Hess - total 5; Noes - Directors' Hubbell and. Jones - total 2; Absent - None. Whereupon, the Ordinance was declared PASSED. .Ordinance No. 14,701 was next presented,'with the title being:' ' AN ORDINANCE TO EMPOWER THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPOINT AND AUTHORIZE INSPECTORS AND CODE "ENFORCEMENT OFFICERS TO ISSUE CITATIONS TO ALLEGED VIOLATORS OF CITY ORDINANCES OR ' REGULATIONS OR THE FIRE PREVENTION CODE; DECLARING AND EMERGENCY; 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 unanimous vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted : as follows. Ayes -. Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. The Emergency' Section contained in Section 1 'of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. Therefore, Ordinance No. 14,701, together with the Emergency Section, was then declared PASSED. At this point in the Meeting, Director Hubbell made a motion, ' seconded by Director Weeks, to confirm the passage of Ordinance No. 14,691, passed June 19, 1984, granting a Franchise to Capitol Avenue Development Company for an enclosed skywalk over 6th and Spring Streets* for the 40 -story Capitol Tower Building. The motion was unanimously adopted by the Board of Directors present. The next presentation was Ordinance No. 14,702, described as:' AN ORDINANCE GRANTING A FRANCHISE TO MARKHAM STREET PARTNERSHIP FOR A RIGHT -OF -WAY AT 201 EAST MARKHAM STREET; and the Ordinance was read the third and last time with'the first and second readings having occurred on June 19, 1984. A roll call vote was taken on the question, Shall the Ordinance Pass, with the response being:' Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Resolution No. 7,229 was'considered at this time, with the title being:" i A RESOLUTION OF THE CITY BOARD OF DIRECTORS OF LITTLE ROCK, ARKANSAS GRANTING A FOUNDATION PERMIT FOR A STRUCTURAL ADDITION TO THE CATHOLIC HIGH 'SCHOOL; and there was a complete reading of the Resolution. ,A motion followed by Director Weeks and seconded by Director Hubbell, that the ' II 23 JULY 3, 1984,'Cont'd. ' Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total I 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 7,230, containing the following caption: A RESOLUTION APPOINTING AARON LUBIN TO THE MOTION PICTURE AND TELEVISION COMMISSION; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Weeks, seconded by Director Hubbell, and by the following roll call vote: Ayes - Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell, Jones and Hess - total 7; Noes - None; Absent - None. With there being no further business to be presented, it was moved by Director Weeks, seconded by Director Hubbell, and unanimously carried that this meeting be adjourned at 9:30 o'clock P. M., and that the Board of Directors meet again in regular session on Tuesday, July 17, 1984 at 7:30 o'clock P. M. ATTEST: C3 APPROVED: ' City Clerk Mayor I I i I 62 Board of Directors Chamber. Little Rock, Arkansas , July 17, 1984 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors were present:. Directors Hess, Weeks, Bussey, Hubbell and Jones - total 5; Absent - Director- Shackelford - total 1. Prior to' the.Official Board Meeting, the Board of Directors held a fifteen minute executive session with City Attorney Jack Magruder. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Weeks. The Consent Agenda was the first presentation consisting of the following items: • (a) The reading of the Minutes of the previous meeting held July 3, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1984. ' (c) The Report of Commissioners of West Markham Sewer Improvement District No. 146 of Little Rock, Arkansas (naming successor assessors). (d) Resolution No. 7,231, entitled: RESOLUTION ELECTING ASSESSORS FOR WEST MARKHAM SEWER IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, ARKANSAS (John M. Kapp and Dennis E. Nelson). (e) Resolution No. 71232, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND ENTER INTO A LEASE AGREEMENT FOR PRINTING EQUIPMENT. (f) Resolution No. 7,233, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR FEDERAL FUNDS FOR A MAIN STREET HISTORICAL SURVEY. (g) Resolution No. 7,234, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE MAINTENANCE CONTRACT FOR RADIO EQUIPMENT (Motorola, Inc. and Central Arkansas Communications, Inc.). I (h) Motion to set public hearing on August 7, 1984, to rezone Lots 8 -12, Block 3, Intercity Addition, property on Anna Street, from "I -2" Light Industrial District to "I -3" Heavy Industrial District (Z- 4282). Denied by Planning Commission. (i) Motion to set public hearing on August 7, 1984, to rezone 5706 Big Oak Lane, from "R -2" Single- family to "MF -12" Multi- family District (Z- 4235). Denied by Planning Commission. (j) At the request of City Attorney Jack Magruder, the following Resolution, No. 7,235, was placed on the Consent Agenda, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE TRUST INDENTURE OF THE LA QUINTA MOTOR INNS TOURISM BONDS. By motion from Director Hubbell, seconded by Director Weeks, 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, 1984 were approved as written and summarized to the Board of Directors; (b & c) The Comparative Statement of Income Account of the Little Rock Municipal ' I 11 H JULY 17, 1984, Cont'd. Water Works and the Report of Commissioners of West Markham Sewer Improvement District No. 146 of Little Rock, Arkansas were received and filed; (d, e, f and g) Resolutions No. 7,231, 7,232, 7,233 and 7,234 were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Shackelford -. total 1; (h and i) Motion made and adopted to set public hearing on Zoning Cases Z -4182 and Z- 4235'on August 7, 1984; and (j) Resolution No. 71235 was read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield "= total 6;' Noes = None; Absent - Director Shackelford - total 1. At the time allotted for Citizen Communications, Mr. John Finn, 5402 Dickens Lane, Little Rock, who is Chairman of Coalition of Residents United for Decency (CRUD) and Executive Director of Christian Civic Foundation of Arkansas, read a prepared statement concerning pornography in the City of Little Rock. He requested that the Little Rock Board of Directors do the following: (1) Make a Study of pornography in the City of Little Rock; (2) Study the obscenity laws and ordinances in cities that have been successful in closing the floodgates of pornography; and (3) Upon conclusion of the studies, hold a public meeting to discuss the results and possible action. Mr. Tommy McIntosh, 39 Allyson Circle in Southwest Little Rock also requested that something be done to "clean -up our City." A group of citizens was also in attendance in support of the statements made by Mr. Finn and Mr. McIntosh. City Manager Susan Fleming advised the Board of Directors that studies were being made and several arrests had been made, and that when all the studies are completed, she will ' report the results to the Board of Directors. Zoning Application Z- 3125 -A filed by Mr. Richard Daes was the next presentation. The application requested the rezoning of 2500 West' 7th Street (long legal description), from "R -3" Single - family District to "C -30' General Commercial District, as approved by the Planning Commission, with the Staff recommending denial.' The Whitewater Tavern had been operating as a non - conforming use until it was closed in April due to a fire. Mr. Ray Hartenstein, Attorney for the applicants presented the request. Upon question by Director Hubbell, City Attorney Jack Magruder stated the matter could be referred to the Board of Adjustment for consideration, in an effort to resolve differences between owners of the tavern and residents in the neighborhood. Mr. Hartenstein urged the Board to go ahead'and vote on the proposal to rezone the property to "C -3 ". He said further delays would cause more financial losses to the owners of the tavern.' Mr. Andrew Zawacki, 307 Thayer Street voiced strong opposition to the proposed rezoning. Ms. Dorothy Pilochowski and Ms'. Patricia Carttar, residents of the neighborhood were also present in opposition. After further discussion, a proposed' Ordinance to rezone the property from "R =3" Single - family to "C -3" General Commercial District was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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; ' and the proposed Ordinance was read the first time. There was no motion.for suspension of the rules to permit the second reading, but in further discussion City Manager-Susan Fleming was instructed to refer the proposal to the Board of Adjustment for review at the earliest possible date. Therefore, the proposed Ordinance remained on the calendar 'for' second reading at the August 71 1984 Board of Directors Meeting. Consideration was then given to Zoning Application 2- 3315 -A from Mr. Willis Smith for John Henderson requesting that the S/E Corner of Green Mountain and Rainwood Drives be rezoned from "MF -24" Multi- family District to "C -3" General Commercial District. The application received the approval of the Planning Commission, with the Staff recommending denial. Mr. Robert East made the presentation for the applicants showing a sketch of a proposed small-scale shopping center stating that "C -3" would upgrade the neighborhood, with Director Hess taking exception to that statement. Mr. Richard Wood of the Office of Comprehensive Planning explained '' the Staff 'felt "C -1" was more appropriate for the area and that "C -3" would permit automobile related facilities. After further discussion, the proposed Ordinance to rezone the property'was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY 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 the Ordinance being read the first time. Because of the residential area to the south of the property, Vice Mayor /Director 6� i JULY 171 1984, Cont'd. Jones moved that the Ordinance be amended to rezone the property to "C -1" District. The motion was seconded by Director Bussey and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Jones and Hess - total 4; Noes - Mayor Benafield and Director Hubbell - total 2; Absent - Director Shackelford - total 1. , Therefore,' the Ordinance was amended to rezone the property to "C -1" Commercial District. There was no further motion for the suspension of the rules to place the Ordinance, as amended, on second reading and the proposed Ordinance, as amended, remained on the calendar for second reading at the August 7, 1984 Board of Directors Meeting, Zoning Application Z -4103 was presented which was filed by Mr. John Castin and Mr. Henry Treece to rezone 3.74 and 1.5 acres located at the S/W corner of West 12th Street and University Avenue, from "R- 2" Single - family and "C -3" General Commercial Districts to "0-2" Office and Institutional District. The application had received the approval of the Planning Commission with the Staff recommending a Planned Unit Development. Mr. Don Manes made the presentation for the applicants and displayed a sketch of the proposed uses showing the church being relocated farther to the east. Mr. Manes stated that access to the.property would be off 12th Street and University Avenue. Reference, was made to the Bill of Assurance running, with the land which requires- that' the` grantor's,-'-Win'rock Development Company;-- - approval 'must - first "be "obtained before any amendment can be made as long as the.grantor.owns any lots or land in the subdivision. Winrock,. owns the parcel-shown-,on the sketch designated for a park. Mr. Ronald- - C. Tyne, Vice President and General Manager of Winrock Development Company was present.and stated his opposition to the proposed zoning ... change. , Mr,. William C. 'Boswell, a resident on Bittersweet voiced strong opposition to the rezoning stating it would create further traffic hazards with small children in the area. Mr. David Savage, , 1618 South Garfield, expressed opposition for all the reasons already heard. He added, "We are told the church is neutral - if it is moved the church will be my neighbor." Mr. Edwin Moore, 1600 South Garfield also opposed the zoning change. There was no further discussion and the proposed Ordinance was presented to rezone the Property, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDNIG 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. There was no motion for suspension of the rules to permit the second reading of the Ordinance; therefore, it remained on the calendar for second reading on August 71 1984. Director Hess was excused. Zoning 'Application Z -4256' from Arlan' Harris for various owners was the next presentation: The application requested the rezoning of 9.43 acres located on Sibley Hole Road, east of 1 -430,. and south of Stagecoach Road (long legal description), from "R-2"-Single-family to' "C -2" Shopping Center District for the area outside the floodway, as approved by the, Planning .Commission on. June 26, 1984. There was no opposition presented "and Ordinance No'. 14,703 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY 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; 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 five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Hubbell to further 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 and Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Weeks, Bussey, Hubbell, Jones and Mayor Benafield = 'total 5; Noes - None; Absent'= Directors Shackelford and Hess - total 2.' Whereupon, the Ordinance was declared PASSED. I The,,.,following applications for rezoning were presented at this time,'a's approved by the Planning Commission on June 26, 1984, i (I 2'7 Z -4257 - From Wayne Wilkins to rezone 1505 Welch Street (Lots 11 and 12, Block 25, Masonic Addition to the City of Little Rock) , from "R -4" Two- family to 7R -5" Urban Residence District. Z -4258 - From Joe White for Fred Walloch to rezone the S/W Corner of I -30 and Production Drive (Lots 10 & 13, Triangle Properties, Industrial District), from "R -2" Single - family to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,704 as.follows) 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 the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Dierctor Hubbell, seconded by Director Weeks, and by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Weeks, seconded by Director Jones, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two- thirds or more of the members of-the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time.' An Aye and No Vote was then ' taken on -the passage of the Ordinance, which resulted as herein described: Ayes - Directors Weeks, Bussey, Hubbell, Jones and Mayor Benafield - total 5; Noes - None; Absent — Directors Shackelford and Hess - total 2. Mayor Benafield then announced that the Ordinance had j PASSED. Introduced at this time was Ordinance No. 14,705, entitled: AN ORDINANCE ADDING CORONDELET AS A COLLECTOR TO THE MASTER , STREET PLAN FROM ST. CHARLES WEST TO THE PRIDE VALLEY EXTENSION; and after, a first reading of the Ordinance, there was a motion by Director Hubbell,, 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 five in number and two - thirds or more of the members of the Board .of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made by Director Weeks 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 last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as herein recorded:- Ayes - Directors Weeks, Bussey; Hubbell, Jones and Mayor Benafield -- - total' 5; Noes- - None; Absent - Directors Shackelford and Hess-- total 2,: Therefore; the Ordinance was declared ' PASSED. Ordinance No. 14,706 was'presented, with the title being: AN ORDINANCE ADDING SIBLEY HOLE ROAD AND NASH ROAD AS COLLECTORS TO THE MASTER STREET PLAN; with there being a first reading of the Ordinance. A motion followed from Director Hubbell, seconded by Director Weeks, 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 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, with an ensuing motion- then being made by Director Weeks to again suspend the rules and place the Ordinance on its third and final reading. Director Jones seconded the motion, which was then 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 last reading- of the Ordinance, resulting in the following Aye and No Vote taken on' the passage of the Ordinance: Ayes - Directors Weeks; Bussey, Hubbell, Jones and Mayor Benafield - total 5; Noes - None; Absent - Directors Shackelford and Hess - total 2. Whereupon, the Ordinance was declared PASSED. At this time, Mayor Benafield announced the opening of the public ' hearing set for this time and place to hear Zoning Appeal Z 4209, from I + sza Attorney Steve Hughes for. Kenneth Vernon, 1510 Schiller Avenue, described _is Lot 34 and the,north 12.5 feet of Lot 35, Block.20, Allis' & Dickenson Supplement' to Centennial Addition to. the City of Little Rock, from "R -2" Single - family District to "MF -18" Multi- family , District. Mr. Hughes had, filed proof of notification to objecting property owners as required by Ordinance, with the .City. Clerk. The Planning Commission denied the application on April 24, 1984. Mr. Hughes presented a sketch and photographs of properties in the immediate area and explained that his client wishes to operate a boarding home at this location. Strong opposition was presented by. Mr. Muskie Harris, Chairman of the Central High CDBG.Neighborhood, and Mrs. Ethel Ambrose, 1514 South Schiller, who was. concerned about the quality of life in the neighborhood and the quality of-care for the people who would reside at the boarding home. Mayor Benafield declared the public' hearing closed and a proposed. Ordinance was presented, containing the following caption: . AN ORDINANCE RECLASSIFYING PROPERTY 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; 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 unanimosly 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 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 and seconded by Directors Hubbell and Jones, respectively, 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. 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 follows: Ayes - None; Noes - Directors Weeks, Hussey, Hubbell, Jones and Mayor Benafield - total 5; Absent - Directors Shackelford and Hess - total 2. It was then announced that the Ordinance had FAILED TO PASS. A public hearing had been scheduled for this time and place on renewal of taxicab operator permits for the Black and White Cab Company. -Mayor Benafield announced that the public hearing was open and when no one appeared to address the matter, the hearing was declared closed, and Ordinance No. 14,707 was presented, entitled: AN ORDINANCE RENEWING TAXICAB OPERATOR PERMITS FOR .BLACK_ AND WHITE CAB COMPANY; which Ordinance was read the first time. A motion followed by Director Weeks and 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 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 final reading-of the Ordinance -.at this time, with the motion being made by Director Hubbell, seconded by , Director Weeks, and unanimously adopted by 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 'question; Shall the Ordinance Pass, with the results recorded as follows: Ayes '- Directors Weeks, Bussey, Hubbell, Jones and Mayor Benafield - total 5; Noes - None; Absent - Directors Shackelford and Hess - total 2. , Therefore, the Ordinance was declared PASSED. To conclude the meeting Mayor Benafield announced that Director Hess had resigned from the Highway @10 Study Committee. .A motion then. . followed by Director Weeks, seconded by Director Jones, that Director Hubbell be appointed to serve on the Committee to replace Director Hess. The motion was unanimously adopted by the Board of Directors present. , There being no further "business to be presented, it was moved by. Director Hubbell, seconded by Director Jones, and unanimously. carried that this meeting be recessed at 10:00 o'clock P. M., and that the Board of Directors reconvene on Wednesday, August 1, 1984 at 1:30 o'clock P. M. to consider appointments to various Boards and Commissions. ATTEST: APPROVED: �` ✓� City Clerk Mayor ' II 129 I Board of Directors Chamber Little Rock, Arkansas I August 1, 1984 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas I reconvened from the July 17, 1984 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. Mayor Benafield announced that the purpose of the reconvened meeting was to consider appointments to various Boards and Commissions, and Resolution No. 7,236 was then presented, entitled: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE HOUSING BOARD OF ADJUSTMENT AND APPEALS, PRIVATE INDUSTRY COUNCIL, HISTORIC DISTRICT, PORT AUTHORITY, SIGN APPEAL BOARD AND OAKLAND- FRATERNAL CEMETERY BOARD; and the Resolution was read in its entirety. A motion then followed by Director Weeks, seconded by Director Hubbell that the Resolution be ' adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 71237 was introduced, with the title being: A RESOLUTION APPOINTING CAROLYN B. WITHERSPOON, ACTING CITY ATTORNEY (effective 8 -17 -84 to 11- 12 -84, or until R. Jack Magruder returns from leave of absence.); and there was a complete reading of the Resolution. A motion then followed by Mayor Benafield and seconded by Vice Mayor /Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution subsequently adopted by the following vote: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 7,238, containing the following caption: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO ENTER INTO A CONSENT JUDGMENT IN BIRCHWOOD NEIGHBORHOOD, ET AL. V. BOARD OF ZONING ADJUSTMENT, ET AL.; and the Resolution was read in its entirety. A motion then followed by Director Bussey and seconded by Director Jones, that the Resolution ' be adopted. A roll call was taken and the Resolution was adopted with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey, Shackelford, Hubbell and Jones total 7; Noes None; Absent - None. There being no further business to be presented,-it was moved by Director Hubbell, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 1:40 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, August 7, 1984. ATTEST:Fa, (!, � APPROVED: p� ✓/O, (City Clerk Mayor I 63II Board of Directors Chamber Little Rock, Arkansas August 7, 1984 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session with Mayor Benafield presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Prior to the official meeting the Board of Directors met in executive session to evaluate City Manager Susan Fleming's management of the City of Little Rock. After the executive session, it was announced that she was commended after fifteen months as City Manager and full confidence was expressed by the Board. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Bussey. The Consent Agenda was the first presentation, consisting of the following items: (a) The reading of the Minutes of the previous meeting held July 17, 1984 and , the reconvened meeting held August 1, 1984. (b) Resolution No. 7,239, entitled: A RESOLUTION COMMENDING CAPTAIN TROY HAMPTON OF THE LITTLE ROCK FIRE DEPARTMENT FOR TWENTY YEARS OF CONTINUOUS WORK WITHOUT TAKING ANY SICK LEAVE. (c) The Annual Report of the Little Rock Municipal Water Works for 1983. (d) Resolution No. 7,240, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE 1984 SLURRY SEAL PROGRAM. (e) Resolution No. 7,241, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE REMODELING OF THE LITTLE ROCK JAIL. (f) Resolution No. 7,242, containing the following caption: A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE PRIVATE INDUSTRY COUNCIL REGARDING THE USE OF SUPPLEMENTAL SUMMER APPROPRIATIONS OF JTPA TITLE ' IIB FUNDS. (g) Resolution No. 7,243, entitled: A RESOLUTION APPROVING THE SALE OF CITY PROPERTY DESCRIBED AS LOTS 11, 12 AND 13, BLOCK 26, BRADDOCK'S BOULEVARD ADDITION AND LOT 1, BLOCK 234, ORIGINAL CITY OF LITTLE ROCK; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A WARRANTY DEED CONVEYING THESE PROPERTIES. (h) Resolution No. 7,244, with the title being: RESOLUTION APPOINTING BOARD OF ASSESSMENT FOR VIMY RIDGE WATER IMPROVE- MENT DISTRICT NO. 139 OF LITTLE ROCK, ARKANSAS. (William A. Payne, George Fox, Jr., and Leon Sneed, Jr.) I i 3i AUGUST 7, 1984, Cont'd. By a motion from Director Weeks, seconded by Director Hubbell, 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, 1984 and the ' reconvened meeting held August 1, 1984 were approved as written and summarized to the members of the Board of Directors; (b) Resolution No. 7,239 was read in full and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None; (c) The 1983 Annual Report of the Little Rock Municipal Water Works was received and filed; and (d, e, f, g & h) Resolutions No. 7,240, 7,241, 7,242, 7,243 and 7,244 were read in full and adopted by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7 Noes -, None; Absent - None. At this time, Mayor Benafield announced the opening of a public hearing set for this time and place to hear Zoning Appeal (Z- 4182), from Randy Henard, to rezone 1.0 acres on Anna Street at Asher Avenue and West 33rd Street, described as Lots 8 through 12, Block 3, Intercity Addition, from "I -2" Light Industrial District to "I -3" Heavy ' Industrial District. The Planning Commission denied the request on May 29, 1984. Mr. Henard, the applicant, spoke for the rezoning and requested favorable consideration by the Board of Directors. There were no other speakers, the public hearing was' declared closed, and Ordinance No. 14,708 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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; I 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 i 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 Ordi- nance, with the motion being made and seconded by Directors Hubbell and Hess, respect- ively, 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 follows: Ayes - Directors Bussey, Hubbell, Hess and Weeks - total 4; Noes - Directors Shackelford and Jones - total 2; Abstaining - Mayor Benafield - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Appeal (Z -4235) was the next presentation from Henry B. Griffith, owner, requesting that 5706 Big Usk Lane (long legal description) be rezoned from "R -2" Single family District to "MF -12" Multi - family District. The Planning Commission denied the request on May 29, 1984, Mayor Benafield declared the public hearing open which was set for this time and place. Mr. Griffith was the first speaker and advised the Board that he is now requesting "R -4" Two - family District because he now has an offer on the ' property for a duplex with off- street parking. Mr. Ferrel Minick spoke in support of the rezoning, stating he had made the offer on the property for a duplex. Ms. Flo Hughes, a realtor, stated the property had been on the market several times and she was convinced it would never be sold for single - family use. Mr. Fred B. Fancher spoke in opposition to the pr osal. It was his opinion t-h-a&_a_cl_uELlex would de�eo� e the 6321 III AUGUST 7, 1984, Cont'd. value of neighborhood properties. There was no further discussion, the public hearing was declared closed, and Ordinance No. 14,709 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY 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; which Ordinance was read the first time. A motion followed from Director Hubbell and seconded by Director Hess, 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 Weeks, seconded by Director Hubbell, 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Bussey, Shackelford, Jones, Hess, Mayor ' Benafield and Director Weeks - total 6; Noes - Director Hubbell - total 1; Absent - None. Therefore, it was announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 14,710, containing the following heading: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRIC TITLED CEDAR BRANCH, PHASE II LONG FORM "PRD" (Z -4250) IN THE CITY OF LITTLE ROCK, i ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 Hess, seconded by Director Bussey, and unanimously adopted''by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Jones and Hubbell, respectively, to suspend the rules and place ' the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Ordinance No. 14,71.1 was the next presentation, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRIC TITLED HUGHES STREET OFFICE PARK LONG -FORM "PCD" (Z -4249) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. A motion followed from Director ' Hess, seconded by Director Bussey, for a suspension of the rules and the placing of the Ordinance on second reading, with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the 33 AUGUST 7, 1984, Cont'd. members of the Board of Directors - elect•. The Ordinance was then read the second time, with an ensuing motion then being made by Director Jones to again suspend the rules and place the Ordinance on its third and final reading. Director 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. 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 Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - I total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Presented at this time was Ordinance No. 14,712, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRICT TITLED KIRK PLAZA SHORT -FORM "PCD" (Z -4248) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Hess, seconded by Director Bussey, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconde by Directors Jones and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by li the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued i The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 14,713 was next presented, described as: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 8422 KANIS ' ROAD (Z- 4245), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for an animal clinic in "0-3" District) i and after a first reading of the Ordinance, there was a motion by Director Hess, 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 I Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones and seconded by Director Hubbell, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. The ' Ordinance was then declared PASSED. A proposed Ordinance was placed on the Agenda issuing a Conditional Use Permit fo property located at 6111 West 83rd Street (Z- 4237), setting forth the conditions attached thereto, to be used for a church in "R -2" District. The Ordinance was deferr pending dedication of needed right -of -way. 6341 AUGUST 7, 1984, Cont'd. Another proposed Ordinance was also placed on the Agenda to issue a Conditional Use Permit for property located at 7722 Stagecoach Road (Z- 4267), setting forth the conditions attached thereto, to be used for a day care center in "R -2" District. This proposed Ordinance was also deferred pending dedication of needed right -of -way. ' The next presentation was Ordinance No. 14,714, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF FAIRVIEW ROAD AND SUMMIT STREET (Z- 4268), SETTING -FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for a telephone company remote terminal station in "R -2" District) with there being a first reading of the Ordinance. A motion then followed by Director Hess, seconded by Director Bussey, 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 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 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 Jones, seconded by Director Hubbe i 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 response being: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. It was then declared that the Ordinance had PASSED. Ordinance No. 14,715 was presented next, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2415 NORTH TYLER STREET (Z- 4265), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property to be used for a day care center in "R -2" District) and said Ordinance was read the first time, after which there was a motion by Director Hess, 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. 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 Hubbell, and adopted by unanimous vote of the members of the Board of Directols 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 follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - 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 RECLASSIFYING PROPERTY 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; I (Z- 3125 -A) - 2500 West 7th Street - White Water Tavern) and the proposed Ordinance was read the second time, with the first reading having I I 35 AUGUST 7, 1984, Cont'd. occurred on July 17, 1984. The request was to rezone the property from "R -3" Single- , family District to "C -3" General Commercial District. On July 17, 1984, City Manager Susan Fleming was instructed to refer the proposal to the Board of Adjustment for ' review. The Board of Adjustment reviewed the matter on July 27, 1984, and the decision of the Board provides for continuance of the White Water Tavern and its repair without rezoning, should the applicant desire to do so. Attorney Ray Hartenstein, representing the owners, stated that White Water had helped decrease crime with its lighting and night -time activity. In requesting the rezoning, Mr. Rick Daes, co /owner, said re- zoning the property would protect his investment. Mr. Andrew Za.wacki, Ms. Dorothy Pilachowski and Mr. David Elms, residents in the area, spoke in opposition to the rezoning. They contended that rezoning would decrease property values and could lead to more commercial zoning. They also repeated previous complaints about noise and traffic from the White Water. Following the discussion, a motion was made by Director Shackelford and seconded by'Director Hess, to suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously 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 proposed 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 being: Ayes - None; Noes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Absent - None. It was then announced that the ORDINANCE HAD FAILED TO PASS. The following Zoning Petition was considered next, which had received the approval of the Little Rock Planning Commission: Z -4274 - From Ernest E. Edward for R. P. Merritt, to rezone 6707 and 6709 Forbin Road, described as Lots 1 and 2, Taletta Subdivision, from "R -2" Single - family District to "O -3" General Office District. There was no opposition presented to the reclass- ification and Ordinance No. 14,716 was presented, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, I 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 Hubbell, 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 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 further suspend the rules to allow for the third and final reading of the Ordinance, with the motion being made by Director Hubbell, 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 Bussey, Shackelford, Hubbell, Jones, Hess,'Mayor Bena- i field and Director Weeks - total 7; Noes - None; Absent - None. The Ordinance was ' therefore declared PASSED. Zoning Application Z -4280 from Bill Hastings for Rector - Phillips -Morse was the next presentation. The application requested the rezoning of Lot 13, Charles Valley Subdivision (east side of Merrill Drive'at Macon Drive), from "C -4" Open Display District to "C -3" General Commercial District, as approved by the Planning Commission fill 63qjj III AUGUST 7, 1984, Cont'd. on July 24, 1984. There was no opposition presented and Ordinance No. 14,717 was introduced, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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 the Ordinance being read the first time. The rules were then suspended and the I Ordinance was placed on second reading by motion of Director Hubbell, seconded by Director Weeks. 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 Directors- elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Hubbell that the rules again be suspended and the Ordinance 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 read- ing 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 Bussey, Shackel- ford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; ' Absent - None. The Ordinance was then declared PASSED. Ordinance No. 14,718 was presented, described as: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNENCUMBERED BALANCE OF THE GENERAL FUND FOR THE 1984 STREET RESURFACING PROGRAM; ($150,000) and after a first reading of the Ordinance, there was a motion by Director Hubbell, 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 Hubbell to further suspend the rules and place the Ordinance on 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 third and last reading of the Ordinance, after which an Aye and No Vote was taken on ' I the passage of the Ordinance with the response being: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,719, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY 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; '(Z- 3315 -B - S/E Corner of Green Mountain Drive and Rainwood Drive - from "MF -24" Multi- family to "C -1" Commercial District.) and the Ordinance was read the second time with the first reading having occurred on i July 17, 1984. Director Hubbell made a motion that the Ordinance be amended to rezone the property from "MF -24" Multi- family to "C -3" General Commercial District. The motio was seconded by Director Hess and was unanimously adopted by voice vote of the members of the Board of Directors present. A subsequent motion was then made by Director ' Hubbell, seconded by Director Hess, that the rules 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 _ 37 i AUGUST 7,'1984, Cont'd. 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 question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. Therefore, the Ordinance, as amended, was declared PASSED. A proposed Ordinance was presented at this time, entitled: AN ORDINANCE RECLASSIFYING PROPERTY 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; (Z -4103 - Property at West 12th Street & University Avenue - from "R -2" Single - family to "0 -2" Office and Institutional District.) and there was a second reading of the Ordinance, with the first reading having occurred on July 17, 1984. Opposition was again presented by Mr. David Savage, Mr. William C. Boswell and Mr. Clinton Sanders, residents of Broadmoor North Sub- division, citing traffic problems, traffic hazards to children, and office space not ' needed. In the discussion, Board Members urged the developers to meet with residents in an effort to iron out their differences; therefore, there was no motion for suspension of the rule ,5r,tp,permi_t,, thSe„ final reading,,, and "thP, prgposed, Ordinance remained on the calendar for final reading on August 21, 1984. Resolution No. 7,245 was considered, with the title being: A RESOLUTION TRANSFERRING $10,000 FROM THE RESERVED FUNDS OF THE ADVERTISING AND PROMOTION COMMISSION TO THE LITTLE ROCK MUNICIPAL PARKING AUTHORITY; and there was a full reading of the Resolution which was subsequently adopted upon motion of Director Hubbell, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Bussey, Shackelford, Hubbell, Jones, Hess, Mayor Benafield and Director Weeks - total 7; Noes - None; Absent - None. A proposed ordinance had been placed on the Agenda revoking the Taxicab Operator Permit of Robert Orlicek; And declaring an emergency. Mayor Benafield advised that the attorney for Mr. Orlicek had requested that the matter be deferred until a later date; therefore, no action was taken and the matter was deferred. With there being no further business to be presented, it was moved by Director Hubbell, seconded by Director Jones, and unanimously carried that this meeting be adjourned at 9:10 o'clock P. M., and that the Board of Directors meet again in regula session on Tuesday, August 21, 1984 at 7:30 o'clock P. M. ATTEST: [K�C�^✓ APPROVED: City Clerk? Jane Czech Mayor J. W. Benafield i 63 11 III I lip I I Board of Directors Chamber Little Rock, Arkansas August 21, 1984 - 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 Benafield presiding, and Jane Czech, City Clerk. Present at roll call were Directors Hess, Weeks, Bussey, Hubbell and Jones - total 5; Absent - Director Shackelford - total 1. With a quorum being present, Mayor Benafield declared the Board of Directors in session. The Invocation was given by Director Weeks. The first presentation was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held ' August 7, 1984. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1984. • I (c) Resolution No. 7,246, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CHIPPED SEALING OF SELECTED CITY STREETS IN 1984. (d) Resolution No. 7,247, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE CONSTRUCTION OF THE 1984 TRAFFIC SIGNAL IMPROVEMENTS, GROUP I PROGRAM AND TO PROVIDE INCIDENTAL COSTS TO SUPPORT THE CONTRACT. (e) Resolution No. 7,248, described as: A RESOLUTION COMMENDING SUSAN B. FLEMING AND EXPRESSING TOTAL CONFIDENCE IN HER ABILITY TO PERFORM HER DUTIES AS CITY MANAGER. (f) Resolution No. 71249, containing the following caption: A RESOLUTION COMMENDING MR. STEVE COCKMON, MR. TONY DELAHOUSSAY AND MR. DAVID HENSON FOR RIDING BICYCLES TO CLEARWATER, ' FLORIDA, AND BACK IN ORDER TO RAISE $2,000 FOR CARTI. (g) Resolution No. 7,250, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO ABANDON A PORTION OF PUBLIC RIGHT -OF -WAY LOCATED SOUTH OF EAST ROOSEVELT ROAD, AS THE RIGHT -OF -WAY APPEARS- ON- BAKERS REPLAT OF BLOCK 18 AND BLOCK 20 FACTORIA THIRD ADDITION TO THE CITY OF LITTLE ROCK. (h) Resolution No. 71251, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF OMEGA TUBE & CONDUIT CORPORATION FOR THE SALE OF APPROXIMATELY 0.43 ACRES LOCATED IN TRACT D, AREA 103, LITTLE ROCK PORT INDUSTRIAL PARK, SAID DEED TO CONVEY THE LAND AS DESCRIBED HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES. (i) A Motion to set the date for public hearing on September 4, 1984, for a Special Use Permit to allow a day -care family home in "R- 2" single - family district. (Z -4260 Appeal - 6902 Briarwood Drive) By Motion from Director Hubbell, seconded by Director Weeks, 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, 1984 were approved as written and summarized to the members of the Board of Directors; (b) , L 39 AUGUST 21, 1984, Cont'd. I The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c, d, e, f, g & h) Resolutions No. 7,246, 7,247, 7,248, 7,249, 7,250 and 7,251 were read in full and adopted by the following roll call vote: Ayes - Directors Weeks, Bussey, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - None; Absent - Director Shackelford - total 1; and (i) Motion was made and adopted to set the date for public hearing on September 4, 1984 to hear zoning appeal Z -4260. Director Shackelford was enrolled. I The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 2552 -B - From Lillie Mae Davis to rezone 6618 Forbing Road, from "C -3" General Commercial District to "C -4" Open Display District. Z- 3592 -A - From Michael Watson for Dr. W. Wise, to rezone 1.1 acre South of Kanis Road and West of Shackelford Road, from "OS" Open Space, "0 -2" Office and Institutional and "C -2" Shopping Center to "OS" Open Space and "R -2" Single - family Districts. Z- 3614 -B - From Robert M. Brown for Williams and Jones Company to rezone 302 Bowman Road (1.96 acres), from "MF -24" Multi- family to "C- ' 3" General Commercial District. (Bowman Road future extension north of Markham Street) Z -4232 - From Gaylon Carter to rezone 9813 Chicot Road (7,770 square feet).,.from "R -2" Single-family-to "O -1 ". Quiet Office District. Z -4266 - Froma -R. D....Balley.fo,r Linda L.rtGlover -••to rezone 7102 Geyer Springs Road .(11,250 square feet), from "R -2" Single - family to "I -2" Light Industrial District. Z-4269 - From Lee Lemons and Don Capps to rezone 2.3 acres on New I Benton Highway west of Production Drive, from "R -2" Single - family to "I -2" Light Industrial District. Z-4271 - From Dwight Blissard for W. C. McMinn Company,.Inc. to rezone 1516 -1520 West 10th Street (14,900 square feet), from "1 -2" Light Industrial to "0-3" General Office District. Z -4272 - From Greg R. Peckham for T & R Realty to rezone the N/W Corner of West 3rd and Ringo Streets (15,000 square feet), from "C -4" Open Display to "C -3" General Commercial.District. I Z -4278 - From Raymond Young to rezone 1 acre west of Chicot,.Road I at 7626 .Mabelvale Pike, from "R -2" Single - family to "C -3" General Commercial District. As there was no one present in opposition to the reclassification of the afore- described properties, an,Ordinance to reclassify same was ' placed on first.reading. (See Ordinance No. 14,720 as follows) 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 the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Weeks, 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 made by Director. Weeks, seconded by Director Bussey, that the rules again be suspended. and the Ordinance be .placed. on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; whereupon, the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Weeks, Hussey, Shackelford, Hubbell., Jones (except Z -4278 which was "NO "); Hess and Mayor Benafield - total 7; Noes - None.; Absent - None. The Ordinance was then declared PASSED. The following Zoning Applications were also presented and received approval by the Planning Commission: 6401 AUGUST 21, 1984, Cont'd. Z -4275 - From C. J. Cropper for R. E. Branton to rezone 8.5 acres located at 11705 Alexander Road, from "R -2" Single - family to "I -2" Light Industrial District. Z -4276 - From C. J. Cropper for Emma Cullipher to rezone 9.92 acres located at 11617 Alexander Road, from "R -2" Single - family 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. 14,721, 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; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Hubbell, seconded by Director Weeks, 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 made by Director Weeks, seconded by Director Bussey, that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was, unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was read the third and last time. An Aye and No Vote was taken on the question, Shall the Ordinance Pass, which resulted as herein recorded: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. Ordinance No. 14,722 to rezone property at West 12th & University Avenue (Z- 4103), was the next presentation, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY 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; and the Ordinance was read the first time on July 17, 1984, with the second reading having occurred on August 7, 1984. The proposal was left on the calendar for third and final reading at that time, in order to give the developers and residents an opportunity to reach an agreement on the matter. Mr. Jack Castin, representing Mr. Henry Treece, the developer, opened the discussion advising they had met with residents of the area last Thursday, and the�"rieighbors� remained steadfast for only single - family zoning. Mr. Castin pointed out that the City would receive more taxes if the property is rezoned and that the highest and best use of the property is office development. He stated that the property would be used for a medical office park if , rezoned. Mr. Raymond Osborn, a member of the Unity Baptist Church, explained the Church at 13th and Garfield Streets would be relocated a few blocks away and serve as a buffer between the park and residences to the west. Mr. David Savage, 1618 Garfield Drive, continued to voice opposition saying 600 cars would be added to the daily traffic flow. Mrs. Robbin Nottingham, 1710 Charlotte Court, read a petition signed by 81% of the home owners opposing the rezoning. Referring to a Bill of Assurance and upon question by Director Hubbell, Mr. Castin said the Bill of Assurance only applies to fifty -eight lots and only two homes are applicable to the Bill of Assurance. Director Shackelford stated she appreciated the developers attempting to work with the residents, but had problems with the proposal because the residents had bought homes relying on plans that the area would be built up as a subdivision of single - family homes. There was no further discussion and the Ordinance was read the third and last time. A roll call vote was taken on the passage of the Ordinance with the results recorded as follows: Ayes - Directors Weeks, Bussey, Hess and Mayor Benafield - total 4; Noes - Directors Shackelford, Hubbell and Jones - total 3; Absent - None. It was then announced that the Ordinance had PASSED. i Introduced at this time was Ordinance No. 14,723, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6111 WEST 83RD STREET (Z- 4237), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; , i II 11 i AUGUST 21, 1984, Cont'd. I 'expansion (For of church facilities in "R -2" Single - family District) 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 second reading. The motion was seconded by Director Hess, 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�mgtion thereafter being ,made. by Director Bussey and seconded by' Director Hubbell, to further 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 Weeks, Hussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,724, with the I title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY ' LOCATED AT 7722 STAGECOACH ROAD (Z- 4267), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For a day -care center in "R -2" Single - family District) and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Bussey, seconded by Director Hess, 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 ing motion Director the second time. There w.as.an,.ensy m Bussey, seconded 'k y'- Director Hubbeil,. 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 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 Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benefield - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance.. No. 14,725, entitled:' AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY ' LOCATED AT 6300 LEE AVENUE (Z- 4285), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; ('For addition_to.existing Catholic High•School) . which Ordinance was read the first _time. A, motion followed by Director Bussey, seconded by Director Hess, 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 'the to provide_ for tl e" third and final reading of Ordinance at this time, with the motion being made by Director Bussey, -seconded, by Director Hubbell,'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 with the response being: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Ordinance No. 14,726 was presented, described as: AN ORDINANCE VACATING PART OF A PLAT AND REDUCING TO ACREAGE LOT ' 1 OF KAYWOOD ACRES SUBDIVISION, PULASKI COUNTY; AUGUST 21, 1984, Cont'd. with the Ordinance being read the first time. The rules were then , suspended to provide for the second reading of the Ordinance, by a motion made by Director Bussey, seconded by Director Hess, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more ,of the members of the Board of Directors- elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Bussey and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. 'The motion received .unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which -received the following response: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. The next matter to be considered was ordinance No. 14,727, containing the following caption: AN ORDINANCE DELETING PROPERTY FROM VIMY RIDGE MUNICIPAL WATER IMPROVEMENT DISTRICT NO. 139; with there being a first reading of the Ordinance. A motion was made by Dierctor Hubbell, seconded by Director Weeks, for a, suspension of the rules and the of the Ordinance on second reading, with the _placing motion being unanimously adopted by members of the Board of Directors , present, being seven in number and two- thirds or more of the members of the Board of Directors- elect., The Ordinance was then read the second time, with an ensuing motion then being made by Director. Weeks to again suspend the- rules and place the Ordinance on.its third and final reading. Director Shackelford seconded the motion, which was then adopted by unanimous. vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. • There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Mayor Benafield then announced that the Ordinance had PASSED. Ordinance No. 14,728 was the presentation, with the title _next- being: AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN VIMY RIDGE WATER IMPROVEMENT DISTRICT NO. 139 OF THE OF LTITLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with 'the Ordinance being read the first time. The Notice of Filing of Assessment of Benefits was published in the Arkansas Democrat on August 11, 1984. In connection with the presentation of the Ordinance, a public hearing was held and when Mayor Benafield declared the hearing open, Mr. Jack Williams, Attorney for the Improvement , District said some assessments had been adjusted because of complaints from landowners within the District. Letters of protest had been filed with the City Clerk from the Missouri Pacific Railroad Company; Veryle V. Green; and Mrs. Delmar C. Hart, who later reconsidered and requested that her•property remain in the District. Upon question by Director Jones, Mr. Leon Sneed, Jr., an assessor for the District, explained the method used in computing the assessments. There were no property owners present to speak in opposition. The public hearing was closed and a motion followed from Director Weeks, .seconded by Director Bussey, to suspend the rules and place the Ordinance on 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hess and Hubbell, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the' Board Members present,' being seven in number and two- thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Weeks, Bussey, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. ,. II 1144 3 AUGUST 21, 1984, Cont'd. A public hearing had been scheduled for this time and place on the revocation of Robert Orlicek's taxicab operator permit. Mayor Benafield declared the public hearing open and when no one appeared to speak for or against the issue, the public hearing was declared closed and Ordinance No. 14,729 was presented, with the title being: AN ORDINANCE REVOKING ALL TAXICAB PERMITS ISSUED TO ROBERT ORLICEK; DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Hubbell, seconded by Director Hess, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Hubbell, again seconded by Director Hess, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - Director Bussey - total 1; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Weeks, Shackelford, Hubbell, Jones, Hess and Mayor Benafield - total 6; Noes - Director Hussey - total 1; Absent - None. Mayor Benafield then announced that the Ordinance, together with the Emergency Clause, had PASSED. �I There being no further business to be presented, it was moved by Director Hubbell, seconded by Director Shackelford, and unanimously carried that this meeting be recessed at 8:45 o'clock P. M., and that the Board reconvene on Wednesday, August 29, 1984 at 1:30 o'clock P. M., to consider a planned commercial development "PCD" for United Cerebral Palsy of Arkansas. ATTEST: APPROVED: City Clerk Jane Czech Mayor J. W. Benafield GA Board of Directors Chamber Little Rock, Arkansas August 29, 1984 - 2:00 P. M. The Board of Directors of.the City of Little Rock,. Arkansas reconvened from the August 21, 1984 regular meeting with Mayor Benafield presiding, and Jane Czech, City Clerk present: The following Directors answered roll call: Dire6tors'H6ss, Weeks, Bussey, Shackelford and Jones - total 5; Absent - Director Hubbell - total 1. With a quorum_in attendance, Mayor Benafield declared the Board'of Directors in session. The only.matter'to be presented was Ordinance No. 14,730, entitled: ' AN ORDINANCE APPROVING­A PLANNED UNIT DEVELOPMENT PND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED "UNITED CEREBRAL'PALSY SHORT FORM PCD" (Z- 4293), IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 43 OF THE'CODE OF 'ORDINANCES OF THE CITY OF LITTLE -ROCK', ARKANSAS. (East of West 36th Street & Shackelford Road) ' 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 Jones and again seconded by Director Bussey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by 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 question, Shall the Ordinance Pass, with the response being: Ayes - Director Hess, Mayor Benafield, Directors Weeks, Bussey; Shackelford and Jones - total 6; Noes - None; Absent - Director Hubbell - total 1. With there being no further business to be presented, it was moved by Director Bussey, seconded by Director Weeks, and unanimously carried that this ' meeting be recessed at 2:15 o'clock P. M., and that the Board of Directors reconvene again on Friday, August 31, 1984 at 11:00 A. M. to consider appointing a Director in Position No. 6, when Director-Hubbell.-officially presents his resignation, due to his appointment as Chief Justice of the Arkansas Supreme Court. ATTEST : *dt-- APPROVED: ((// City Clerk Jane Czech Mayor J. W. Benafield I i I i 45 Board of Directors Meeting I I Little Rock, Arkansas August 31, 1984 - 11:00 A.M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the August 29, 1984 reconvened meeting with Mayor Benafield presiding, and Robbie Hancock, Assistant City Clerk present. The following Directors answered roll call: Directors Hess, Weeks, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. With a quorum in attendance, Mayor Benafield declared the Board of Directors in session. Mr. Jerry Gardner, Manager of Little, Rock Wastewater Utility, made a presentation to the Board on the proposed Little Maumelle Sewerage Project (or the North Little Rock Project). At this time Director Hubbell made a statement announcing his resignation from Position 6 on the Board of Directors, due to his appointment by Governor Bill Clinton, to Chief Justice of the Arkansas Supreme Court. Director Hubbell's term on the Board would have expired December 31, 1984, ending six years and three months service. He stated he had planned to run for the Board and serve another four years; that he had enjoyed the service spent and felt he had given "a little bit back to the community that certainly blessed me." He ' referred to his appointment to the Arkansas Supreme Court as an opportunity and challenge to do something that any lawyer in the State would not turn down. Following Director Hubbell's resignation, Director weeks moved that the Board of Directors go into Executive Session to discuss the appointment of a Director to fill the unexpired term of Director Hubbell, which expires December 31, 1984. The motion died for lack of a second. Director Shackelford asked the Board to decide on the process or procedure to be used in making the appointment. Director Jones suggested that the Board appoint a past Board Member that would be experienced and could "hit the road running" without having to learn about city affairs, because the Board would soon be working on the Budget and dealing with other important issues. There was a motion by Director Hess, seconded by Director Jones, to delay the process of making the appointment until after the election on November 4, 1984. A roll call vote was taken and the motion FAILED by the following vote: Ayes - Directors Hess, Bussey and Jones - total 3; Noes - Mayor Benafield, Directors Weeks and Shackelford - total 3; 1 vacancy - Position 6. Director Weeks stated that he was ready to make the appointment and moved that Mr. Dick Herget be nominated. Director Shackelford seconded the motion and the roll call vote on the motion was as follows: Ayes - Mayor Benafield, Directors Weeks and Shackelford - ' total 3; Noes - Directors Hess and Bussey - total 2; Abstained - Director Jones - total 1; 1 vacancy - Position 6. Mayor Benafield announced that the motion had FAILED. There being no further business to be presented, it was moved by Director Shackelford, seconded by Director Jones, and unanimously carried that the meeting be adjourned at 12:05 o'clock P.M. and that the Board of Directors meet again in regular session on Tuesday, September 4, 1984 at 7:30 o'clock P.M. I ATTEST: J�(CLnC/ APPROVED: I City Clerk Jane Czech Mayor J. W. Benafield i 1