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HomeMy WebLinkAbout06-01-93340 (Note: The Board Meeting began one hour early in order to have the staff briefing by Police Chief Louie Caudell and Board discussion regarding the City Manager Selection Process, deferred from the Agenda Meeting on Wednesday, May 26, 1993.) Board of Directors Chamber Little Rock, Arkansas June 1, 1993 - 5:08 P. M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Priest, Sharp, Lewellen, Mason, and Adcock - total 5; Absent - Director Roy - total 1. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Sharp, followed by the Pledge of Allegiance. (Director Roy enrolled at 5:11 o'clock P.M.) Police Chief Louie Caudell made a one hour presentation to the Board of Directors on the various functions and duties of the Little Rock Police Department and distributed copies of the Police Department Organizational Chart. The Board of Directors held a brief discussion on the City — Manager selection process. Director Adcock suggested postponing any action until Board members had a set -down session to discuss the process. Personnel Director Britt Rice answered questions by Board Members and explained the request for proposals (RFP) process. There was a motion by Director Roy, seconded by Director Priest, to put out an RFP for a national search firm to seek a City Manager for the City of Little Rock. Ms. Rice was directed to prepare a draft of the RFP and investigate the cost to be reviewed by the Board of Directors. The motion was adopted by a vote of 6 ayes and 1 no (Director Adcock). Mayor Dailey presented a Certificate of Appreciation to Marina Tarasova from Moscow, Russia. Mayor Dailey then recognized members of Boy Scout Troop No. 604 of Second Presbyterian Church. The Consent Agenda was presented, consisting of the following items: (a) The Minutes of the Board of Directors regular meeting held May 4, 1993 and the reconvened meeting held May 12, 1993. (Deferred at request of City Clerk.) (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1993. (c) A motion to set the date for public hearing on June 15, 1993 on Zoning Appeal Z -5677 to rezone 6600 Woodson Road from 11R -2" Single- family District to 110-3" General Office District. 1 Minutes June 1, 1993 341 (d) Resolution No. 8,920, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 1 OF DEAF MUTE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (June 15, 1993.) (e) Resolution No. 8,921, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE A PORTION OF "T" STREET BETWEEN BLOCKS 18 AND 19 OF BELLEVUE ADDITION AND THE REMAINING 25 FOOT PORTIONS OF GLOVER STREET NORTH AND SOUTH OF "T" STREET IN BELLEVUE ADDITION OF THE CITY OF LITTLE ROCK, ARKANSAS. (June 15, 1993.) (f) Resolution No. 8,922, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF THERMOPLASTIC PAVEMENT MARKING MATERIAL FOR THE DEPARTMENT OF PUBLIC WORKS/ OPERATIONS DIVISION; RENOVATION OF BALLFIELD LIGHTING AT ALLSOPP PARK FOR THE PARKS & RECREATION DEPARTMENT; AND AN AIR COOLED WATER CHILLER FOR THE FIRE DEPARTMENT. (Pavemark - thermoplastic pavement marking material - not to exceed $27,120; CIECO - ballfield lighting - not to exceed $22,773; Trane Little Rock Sales - water chiller - not to exceed $27,359.) (g) Resolution No. 8,923, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF COMPUTER HARDWARE AND SOFTWARE FOR THE OFFICE OF MANAGEMENT SUPPORT. (IBM - not to exceed $234,924.) (h) Resolution No. 8,924, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF COMPUTER EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS. (Arkansas Computer Systems - not to exceed $66,373.30.) (i) Resolution No. 8,925, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRANSAMERICA INSURANCE COMPANY TO PROVIDE EXCESS COVERAGE (REINSURANCE) FOR THE CITY'S WORKERS' COMPENSATION PROGRAM FOR A ONE YEAR PERIOD EFFECTIVE JULY 1, 1993. (j) Resolution No. 8,926, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARKANSAS MUNICIPAL LEAGUE TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S SELF - INSURED WORKERS' COMPENSATION PROGRAM FOR A 12 -MONTH PERIOD EFFECTIVE JULY 1, 1993. Upon motion by Director Roy, seconded by Director Priest, which was unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) Approval of the Minutes of the Board of Directors regular meeting held May 4, 1993, and the reconvened meeting held May 12, 1993, was deferred until June 15,1993, at the request of City Clerk Robbie Hancock; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1993, was received and filed; (c) the motion setting the date for public hearing on June 15, 1993 on Zoning Appeal Z -5677 - 6600 Woodson Road was unanimously adopted; and (d, e, f, g, h, i, and j) Resolutions No. 8,920, 8,921, 8,922, 8,923, 8,924, 8,925, and 8,926 were read in full and adopted by unanimous voice vote of the Board Members present, except Director Sharp voted No on item (f) Resolution No. 8,922. 2 342 Minutes June 1, 1993 At the time allotted for Citizen Communications, the first speaker was Mr. Barth Grayson, 1309 S. Cumberland Street Apt. 1, speaking on behalf of Media Masters Entertainment Group. He said he had reserved the amphitheater in Riverfront Park for August 6, 7, and 8, 1993. Another group (River Valley Festivals Association/ Rhythm on the River) reserved the amphitheater for the next weekend (August 13, 14, 15), but wants to start setting upon Monday, August 9, which means that Mr. Grayson will have to complete his cleanup on Sunday. He requested additional time to finish his cleanup on Monday, rather than having to work all night Sunday night, stating the other group has an unfair advantage because of City involvement in the Festival Association. Mayor Dailey asked City Manager Charles Nickerson to investigate the matter. The next speaker under Citizen Communications was Mrs. Anne Johnson, a resident of Wakefield Addition, who introduced Mr. J. R. Purifoy, 6100 Lancaster Road, President of the Wakefield Neighborhood Association. Mr. Purifoy stated there were some areas in the district that are in dire need of assistance from the City of Little Rock, and cited recent incidents and the number of calls made to the Police Department. Mr. Purifoy then presented petitions to Mayor Dailey, requesting a neighborhood alert center and a Police bicycle patrol in the Wakefield neighborhood, stating they have raised around $2,000 to support a bicycle patrol and will furnish a building for the alert center at no cost to the City. The last speaker at Citizen Communications was Mr. Frank Daley. (See Minutes of May 18, 1993, when Mr. Daley, a former fireman, addressed the Board regarding his application for disability pension, which was denied by the Firemen's Pension and Relief Fund Board of Trustees.) Mr. Daley stated he wished to continue reading his seven page prepared statement regarding his disability application, but could not refrain from mentioning names, as he was asked to do on May 18, 1993. Director Priest stated she would not remain and listen to City staff be berated; this matter is in Court and should not be discussed by the Board of Directors; she then left the room. Vice Mayor Mason referred to Minutes of the Firemen's Pension and Relief Board meeting on June 20, 1989, when Assistant City Attorney Melinda Raley advised the Firemen's Pension Board that an employee's termination precludes the ability to apply for disability pension. Mr. Daley stated this is an appeal of Chairman /City Manager Tom Dalton's decision not to allow the Pension Board to hear the application for the pension (Firemen's Pension Board Meeting September 15, 1992.) Director Lewellen and Mayor Dailey both advised Mr. Frank Daley that it is inappropriate for him to address the Board of Directors on this issue since his case is in litigation. Mr. Frank Daley then asked to address the Board on a separate issue, Sewer Improvement District No. 147. He stated that in 1989 the City Manager and Board of Directors committed $150,000 grant money to help SID #147, and that he was renewing the request for that money. Mr. Daley stated that in 1987, the City promised help in getting sewer service lines connected to the District, but nothing was done. He thanked Director Lewellen for his assistance in getting sewer service lines connected to ten homes in SID #147. Mayor Dailey asked City Manager Charles Nickerson to provide a written report on the matter. At 7:15 o'clock P.M. Mayor Dailey declared a five minute recess. When the Board of Directors reconvened at 7:20 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Priest, Roy, Sharp, and Mason - total 4; Absent - Directors Lewellen and Adcock - total 2. r Minutes June 1, 1993 343 A public hearing had been scheduled for this time and place on Zoning Appeal Z- 5383 -C for a Conditional Use Permit for a restaurant at 5510 Kavanaugh Boulevard. Mr. Luke Quinn, the applicant, was present and asked that the public hearing be rescheduled for June 15, 1993, so that he could meet with Harvest Foods to discuss the parking issue. Therefore, the public hearing was rescheduled for June 15, 1993, on Zoning Appeal Z- 5383-C - 5510 Kavanaugh Boulevard. (Directors Lewellen and Adcock re- enrolled at 7:25 o'clock P.M.) Municipal Judge William Watt addressed the Board of Directors on the proposed graffiti ordinance, which appeared on the Agenda as Item 17 (due to a scheduling conflict he could not be present at that time.) Judge Watt stated there are two concerns that affect the policy making board: (1) Do you believe that graffiti in itself is a problem within the City and the gang structure? and (2) if you implement the Ordinance, do you see an economic burden to the City, or any type of economic liability on a major scale or on a significant scale? He said that gang activity and graffiti do have an influence on youth. Removal of graffiti is extremely important in an overall neighborhood effort to regain the streets and an overall effort by the City to basically eliminate the influence of the gang activities. And it would be very hard to justify any type of opposition to the Ordinance on an economic basis alone, simply because with the involvement of neighborhood groups and corporate donations, it will not cost much for removal of the graffiti with the owners permission. He concluded by stating the proposed Ordinance is a good start in taking control (See Ordinance No. 14,436 on page 12.) Judge Watt also addressed the Board on the proposed ordinance increasing parking fines. He explained the procedure — used to collect fines from repeat offenders who wad up the parking tickets and throw them away. The process includes suspending driver's license and vehicle license, impounding vehicles of those offenders who don't renew drivers license, vehicle license, and insurance, etc. Due to a computer problem with the seven day time period, he recommended changing the proposed Ordinance in Section 3 as follows: (1) the fine on ten dollar tickets remains the same if paid within 21 days (rather than 7 days) . (2) after 21 days (rather than after 7 days) , the fine for the ten - dollar ticket will be $50.00 (instead of $20.00), and delete (3) after 21 days the fine for the ten - dollar ticket will be $40.00. (See proposed Ordinance on page 10.) This will eliminate some of the people that park on the street because it is cheaper to pay a ticket than to park in the parking deck. These are the ones that cause problems for the small businesses. Warrants are issued after three parking tickets are accumulated. Consideration was then given to Ordinance No. 16,427, entitled: AN ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND DECLARING AN EMERGENCY; (Modified version of previously tabled DOD Ordinance; see Minutes of 2 -2 -93, 4 -6 -93, and 5- 4 -93.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. When Director Sharp expressed confusion about the DOD (Design Overlay District) Ordinance, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained this is a modified version of the previous ►H is 344 Minutes June 1, 1993 DOD ordinance (see Minutes of February 2, 1993, April 6, 1993 and May 4, 1993. Note: On 2 -2 -93 the proposed DOD Ordinance was tabled after the third reading.) Mr. Lawson explained there has been some concern about development on Chenal /Financial Center Parkway and certain aspects of the DOD ordinance were not controversial, such as sign control and underground power, so this Ordinance addresses those aspects, but does not include requirements for setbacks, buffers and berms. Director Sharp felt that there should be a public hearing on the modified DOD Ordinance. Mr. Lawson said that a letter with a copy of the proposed Ordinance was sent to all of the landowners in the area. _ The motion to suspended the rules was adopted by a vote of five ayes and two noes (Directors Sharp and Adcock), being two thirds of the members of the Board of Directors - elect. The second reading of the Ordinance ensued, followed by a motion and second by Directors Priest and Lewellen, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of five ayes and two noes (Directors Sharp and Adcock), being two thirds of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Priest, Roy, Lewellen, Mason, and Mayor Dailey - total 5; Noes - Directors Sharp and Adcock - total 2; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Priest, Roy, Lewellen, Mason, and Mayor Dailey - total 5; Noes - Directors Sharp and Adcock - total 2; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. The next presentation was Ordinance No. 16,428, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER MOUNTAIN DISTRICT FROM MULTIFAMILY TO TRANSITION ZONE; AND FOR OTHER PURPOSES; (Area north of Cantrell and west of Sam Peck Road.) and the Ordinance was read the first time. A motion was made by Director Lewellen, seconded by Director Adcock, 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. Upon second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Priest, 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the response being: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. Introduced next was Zoning Application Z- 4524 -C to rezone 6.1161 acres located on the north side of Highway 10 at Sam Peck Road from "MF -12" Multifamily District to 110-2" Office and Institutional District. The application was filed by Olan Asbury for Grace Community Church, and received approval by the Planning Commission on May 4, 1993. No opposition was presented and Ordinance No. 16,429 was introduced, with the title being: 5 Minutes June 1, 1993 345 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (2- 4524 -C - To rezone 6.1161 acres on Highway 10 at Sam Peck Road from 'IMF-1211 Multifamily District to 990-2" Office and Institutional District.) and the Ordinance was read the first time. A motion was made by Director Lewellen, seconded by Director Adcock, 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. Upon second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Priest, 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the response being: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. The next Zoning Application to be considered was Z- 5601 -A filed by Anne Gipson to rezone Lots 1, 2, and 3, Block 146, John Barrow Addition (2924 Longcoy Street) from 11R -3" Single- family District to 11R -7A" Manufactured Home District. The proposal received approval of the Planning Commission on May 4, 1993. No opposition was presented to the reclassification and Ordinance No. 16,430 was the presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 5601 -A - To rezone Lots 1, 2 and 3, Block 146, John Barrow Addition (2924 Longcoy) from 11R -3" Single- family District to 11R- 7A" Manufactured Home District.) and the Ordinance was read the first time. A motion was made by Director Lewellen, seconded by Director Adcock, 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. Upon second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Priest, 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the response being: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 16,431, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 16,385 AND REVOKING A "PRD" DISTRICT TITLED "MARINA VILLAGE CLUB APARTMENT PRD" (2200 BLOCK RIVERFRONT DRIVE) IN THE CITY OF LITTLE ROCK. 2 346 4 Minutes June 1, 1993 (Z- 4987 -D - 2200 Block Riverfront Drive - Marina village Club Apartment PRD.) and the Ordinance was read the first time. A motion was made by Director Lewellen, seconded by Director Adcock, 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. Upon second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Priest, 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the response being: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. Mayor Dailey announced that the proposed Ordinance entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -630 DISTRICT FROM LOW DENSITY MULTIFAMILY TO NEIGHBORHOOD COMMERCIAL IN THE AREA SOUTH OF 12TH STREET AND EAST OF BOOKER STREET" had been withdrawn from the Agenda and no action would be taken. The next presentation was Zoning Application Z- 5676 -A filed by Mr. Robert Nooner, to rezone property at the southeast corner of West 12th and Booker Streets (2923 West 12th Street). Mr. Jim Lawson, Director of Neighborhoods and Planning, advised the Board of Directors that Mr. Nooner, the applicant, originally requested rezoning from 11R -2" Single - family District to 11C -1" Neighborhood Commercial District, which was approved by the Planning Commission on May 4, 1993, however, Staff recommended denial of the 11C -1" zoning. Therefore, Staff has been working with Mr. Nooner to convert from 11C -1" Neighborhood Commercial District to a "POD" Planned Office District. Mr. Nooner was present and stated he was requesting a "POD" for a beauty shop, rather than the 11C -1" reclassification. Consideration was then given to Ordinance No. 16,432, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "POD" DISTRICT TITLED "NOONER SHORT -FORM POD" (2923 WEST 12TH) (Z -5676) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z -5676 - To rezone 2923 "West 12th Street (Lot 6, Block 1, Jones & Worthen Addition) from 11R -3" Single - family District to "POD" Planned Office District.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading, upon motion by Director Mason and second by Director Priest, which was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Whereupon, the Ordinance was read the second time. There was a subsequent motion by Director Priest, seconded by Director Mason, to again suspend the rules and place the Ordinance 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 third and last reading of the Ordinance ensued. An Aye and No Vote was taken on passage of the Ordinance which resulted as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. 7 Minutes June 1, 1993 347 The next presentation was Ordinance No. 16,433, 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. (Spring Valley Manor Annexation - 726+ acres between Bowman Road and Cooper Orbit Road west of 36th Street.) Mr. Mark Spradley, attorney for petitioners for the annexation of Spring Valley Manor and Elgore, re- emphasized points made at the May 18 and May 26 Board Meetings. He stated the Spring Valley Manor annexation is in an area already planned for annexation, there will be no cost to the City connected with the annexation, this area will produce more tax revenue than it will cost to serve it with City services, it will produce substantial net revenue directly to Little Rock Wastewater Utility, and will not require additional personnel for police and fire service. Mr. Spradley concluded by urging the Board to approve and accept the annexations. Mr. Mark Lyons, Chairman of Sewer Improvement District No. 239, and sponsor of the annexation petition, stated that everyone in the area listed on the tax records was sent a notice and made aware of the annexation petition. He again explained that SID #239 is under a mandate to upgrade its sewer system and urged the Board of Directors to approve the annexation. Director Roy expressed concern for the health needs of the citizens because of sewage dumped into the creek and going through Little Rock. Director Lewellen asked if the Little Rock School District will be co- terminus with the City of Little Rock - will the school district boundaries be automatically extended to include the annexed area? City Attorney Tom Carpenter responded: "No, it would be up to the federal court to decide whether to extend the lines of the school district to include this land also." In response to a question by Director Lewellen, Mr. Bob Wilson, President of Elgore, stated he was willing to do anything he could to support the annexation, and would be amenable to annexing other property he owns if it becomes necessary to straighten the boundaries of the City. Director Priest stated that on the next Agenda she would be presenting a Resolution requesting the Little Rock School District to petition the courts to make the school boundaries co- terminus with the city boundaries. The Ordinance was then read the second time, having been read the first time on May 18, 1993. (See Minutes of 5 -18 -93 and 5- 26 -93.) There was a motion and second by Directors Lewellen and Adcock, respectively, to suspend the rules and place the Ordinance 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 third and last reading of the Ordinance ensued. The Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. Introduced next was Ordinance No. 16,434, 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. ( Elgore Annexation - 40+ acres at the western terminus of Olds Lane - contiguous to Spring Valley Manor annexation.) (See discussion above related to Ordinance No. 16,433.) The Ordinance was read the second time, having been read the first time on May 18, 1993. (See Minutes of 5 -18 -93 and 5- 26 -93.) There was a motion and second by Directors Lewellen and Adcock, 348 Minutes June 1, 1993 respectively, to suspend the rules and place the Ordinance 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 third and last reading of the Ordinance ensued. The Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Resolution No. 8,927, with the title being: A RESOLUTION ESTABLISHING INITIAL FEES FOR THE WAR MEMORIAL FITNESS CENTER OUTDOOR POOL. There was a staff presentation by Mr. Truman Tolefree, Assistant Director of the Department of Parks and Recreation. He stated that in response to concerns expressed that fees be made affordable, a private entity has agreed to underwrite a program for all youngsters who cannot afford to pay the fee for use of the outdoor pool. Mr. Dave Fletcher, President of the Forest Hills Neighborhood Association, and a member of the War Memorial Fitness Center Advisory Committee, stated that the Advisory Committee is recommending that the Board of Directors adopt the proposed fees. (Adults - $2.00; age 16 through 19 - $1.50 ; and under age 16 - $1.00.) Mr. Tolefree stated that Radio Station COOL -95 has agreed to underwrite the cost for up to 300 kids and to give away monthly and annual passes. There was a motion and second by Directors Roy and Mason, respectively, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. Introduced next was Resolution No. 8,928 entitled: A RESOLUTION AWARDING A CONTRACT TO PATTON WRECKING FOR DEMOLITION OF THE BUILDINGS AT NUMBER 2, 4, 6, 8 AND 10 GUARDIAN COURT; ($24,700) (See Ordinance No. 16,344 and Minutes of January 19, 1993, March 21 1993, and April 6, 1993.) and the Resolution was read in full, followed by a motion by Director Roy, seconded by Director Priest, to adopt the Resolution. The Resolution was adopted by a unanimous voice vote of the Board Members present. Consideration was then given to a proposed Ordinance, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REVISED CODE SECTION 32 -301 (1988) TO INCREASE THE PENALTIES FOR OVERTIME PARKING, PARKING IN AN ALLEY, AND FOR FAILURE TO TIMELY PAY SUCH FINES; AND FOR OTHER PURPOSES; Mr. Sterling Cockrill, Executive Director of Metrocentre Improvement District No. 1, speaking also on behalf of the Downtown Partnership, stated that people who park for long periods should use off - street parking so that those parking for short periods could use the metered parking on the streets, and if increasing the fines and enforcement would cause the abusers to use off - street parking, then he was in favor of that. The off - street parking has been expanded by the construction of the two parking decks (2nd and Main; 6th and Scott). Mr. Cockrill concluded by stating he was present to get information to share with Metrocentre Property Owners and the Downtown Partnership. There was a brief discussion regarding the density of population and parking meters in other areas of the City. City Attorney Tom Carpenter explained the revisions to the proposed Ordinance as E T' Minutes June 1, 1993 349 recommended by Judge Bill Watt (see page 4 of Minutes): Section 3 paragraph (1) the fine on ten - dollar tickets will remain the same if paid within 21 days; (2) after 21 days the fine for a ten - dollar ticket will be $50.00; and delete paragraph (3). The Ordinance, as revised, was read the first time and left on the calendar for second reading on June 15, 1993. The next presentation was a proposed Resolution entitled: A RESOLUTION TO OPPOSE THE INCORPORATION OF WOODLAND HILLS; AND FOR OTHER PURPOSES. During the lengthy discussion, Mrs. Beverly Mulkey, 15011 South Cove, spoke in opposition to the proposed Resolution and explained why Woodland Hills wants to incorporate. (Arkansas Code Annotated Section 14- 38- 101(b) requires a Resolution from the City of Little Rock consenting to the incorporation of Woodland Hills, since Woodland Hills is within five (5) miles of the corporate limits of Little Rock). She explained that city services are in place, there has been a fire department since 1978, a substation is being built, water and sewer services will soon be in place, but Woodland Hills does not have access to grants and revenues that would be available if it is incorporated. Woodland Hills residents have had a problem with water because the wells in Woodland Hills are bad and cannot be used for drinking water. Director Priest questioned where residents get water now. Mrs. Mulkey explained that currently water is coming from Little Rock under an emergency arrangement, but they will be getting water within the next 60 days from a well in Bryant which has been leased by the Woodland Hills Water and Sewer Facilities Board, and another well has just been constructed on top of Alexander Mountain. Mr. Michael H. Dixon, 15909 Shirley Drive, Alexander, also urged the Board to approve the incorporation. Board members discussed city policies regarding annexation. City Manager Charles Nickerson recommended deferring action on the Woodland Hills request until the Board and Staff have a complete discussion on policies regarding utility extensions, annexations, etc. Therefore, no action was taken and the Resolution was deferred for possible consideration on June 15, 1993. Resolution No. 8,929, was the next presentation with the title being: A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS TO OPERATE THE MUNICIPAL LANDFILL IN A PRICE COMPETITIVE MANNER AND DIRECTING THE CITY MANAGER TO PURSUE COOPERATION WITH THE PULASKI COUNTY REGIONAL WASTE MANAGEMENT DISTRICT TO ASSURE THAT THIS FACILITY WILL BE AVAILABLE TO MUNICIPALITIES AND GOVERNMENTS WITHIN THE DISTRICT IN A PRICE COMPETITIVE MANNER; AND FOR OTHER PURPOSES. Following a brief statement by Director Roy in which he expressed a desire to see the Landfill operated in a price competitive manner, the Resolution was read in full. There was a motion and second by Directors Mason and Roy, respectively, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. Introduced next was Ordinance No. 16,435, with the title being: AN ORDINANCE REFERRING TO THE VOTERS AN OPTION FOR THE REORGANIZATION OF THE CITY MANAGER FORM OF GOVERNMENT THAT PROVIDES FOR A DIRECTLY ELECTED MAYOR, THREE MEMBERS OF THE BOARD OF DIRECTORS ELECTED AT LARGE, AND SEVEN MEMBERS OF THE BOARD OF 10 350 Minutes June 1, 1993 DIRECTORS ELECTED FROM WARDS; PROVIDING THAT THE PERSON ELECTED MAYOR MUST RECEIVE A MINIMUM OF FORTY PERCENT (40 %) OF THE VOTES CAST OR FACE A RUNOFF ELECTION; DIRECTING THE MAYOR TO ISSUE AN ELECTION PROCLAMATION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the 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 Priest, seconded by Director Mason, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was an ensuing motion again made by Director Priest, which was seconded by Director Sharp, 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 Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. The Ordinance was then submitted to an Aye and No Vote which resulted as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to Ordinance No. 16,436, entitled: I AN ORDINANCE PROHIBITING THE APPLICATION OF GRAFFITI ON PUBLIC OR PRIVATE PROPERTY AND AUTHORIZING THE CITY TO REMOVE — GRAFFITI FROM PUBLIC OR PRIVATE STRUCTURES, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See comments made by Judge Bill Watt on page 4.) Mr. John Jarrard, 1700 Spring Street, spoke in support of the Ordinance, and asked that the Emergency Clause be added. Mr. Charles Marratt, 1206 S. Main Street, Mr. David Fletcher (Forest Hills Neighborhood Association), and Mr. Tom Wilkes, 511 East 7th Street, also spoke in support of the Ordinance. A motion was made by Director Mason, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. Mayor Dailey stated that Kathy Wells had written a letter requesting the Ordinance be read the first time only, so that the Coalition of Little Rock Neighborhoods could review the proposed Ordinance. City Attorney Tom Carpenter explained some corrections to be made on page 3 and provided the language to be included in the Emergency Clause. He also stated for the record that what prompted the concern of the Board of Directors is that graffiti is not just scribbling on a wall, but gang graffiti has particular meanings, which include territorial rights of gangs, and also is an encouragement to commit certain offenses or warnings that certain individuals may become victims of criminal offenses. That is the public safety concern of the Board of Directors. The motion to suspended the rules 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 motion and second by Directors Roy and Priest, respectively, to add the Emergency Clause as Section 5 to the Ordinance, and the motion was unanimously adopted. The Ordinance, as amended, was read the second time, followed by a motion and second to suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Roy, seconded by Director Mason, and unanimously adopted by the Board Members present, being seven in 11 Minutes June 1, 1993 number 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, which resulted as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - 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 Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Priest and Roy - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. Added to the Agenda at the request of City Attorney Tom Carpenter, was a Resolution authorizing the refinancing of a Municipal Lease and Option Agreement between the Little Rock Ambulance Authority and LaSalle National Bank. A public hearing had been scheduled for this time and place and notice thereof duly published on May 21, 1993, on the question of the adoption of a resolution authorizing the execution, delivery and performance by the Little Rock Ambulance Authority of a Municipal Lease and Option Agreement to be dated as of June 1, 1993, between the Ambulance Authority, as Lessee, and LaSalle National Bank, as Lessor, for the purpose of acquiring a new 800 Mhz trunked radio system and refinancing two existing Lease Purchase Agreements. Mayor Dailey declared the public hearing open. There was no one present to speak in opposition to the Resolution. Mayor Dailey declared the public hearing closed, and Resolution No. 8,930 was presented, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE AND OPTION AGREEMENT BETWEEN THE LITTLE ROCK AMBULANCE AUTHORITY AND LASALLE NATIONAL BANK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion and second by Directors Roy and Mason, respectively, to adopt the Resolution, and the motion was unanimously adopted by the Board Members present. The Emergency Clause contained in Section 2 of the foregoing Resolution was then read and 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. Therefore the Resolution, together with the Emergency Section, was ADOPTED. At 9:40 o'clock P.M. Mayor Dailey announced that the Board of Directors would recess to executive session in the Board's Conference Room for the purpose of considering appointments and reappointments to various Boards and Commissions. When the Board of Directors reconvened at 10:10 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. Resolution No. 8,931 was then presented, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ADVERTISING AND PROMOTION COMMISSION, ARKANSAS ARTS CENTER BOARD OF TRUSTEES, BUILDING CODE BOARD OF APPEALS, CITY BEAUTIFUL COMMISSION, HISTORIC DISTRICT COMMISSION, PRIVATE INDUSTRY COUNCIL, AND SISTER CITIES COMMISSION; 12 351 352 Minutes June 1, 1993 (Advertising & Promotion - reappointed Wally Allen; Arkansas Arts Center - reappointed Dan Phillips, Donald Munro, and Rosemarie Nunn, appointed Ann Bemis, Greer Grace, Mimi Hurst, Betty Tucker, and Marilynn Porter; Building Code - reappointed Porter Brownlee, Lewis May and Ronald Ross; City Beautiful - appointed Joe Robbins; Historic District - reappointed Carl F. Menyhart; PIC - reappointed Cora McHenry and Mary Ann Davidson, appointed Joann Issinghoff, Mary Jane Rebick, John A. Riggs, IV, Ezekiel Vaughn, Henry Warren, and Mickey Anders; Sister Cities - appointed Susan Gregory.) and there was a complete reading of the Resolution. A motion was made by Director Priest, seconded by Director Roy, that the Resolution be adopted. The Resolution was adopted by unanimous voice vote of the Board Members present. There being no further business to be presented, the Board of Directors adjourned at 10:12 o'clock P.M. to meet again in regular session on Tuesday, July 15, 1993, at 6:00 P.M. ATTEST: 4 o.K;co ck., CITY CLERK ROBBIE HANCOCK 13 APPROVED: MAYOR JIM DAILEY