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HomeMy WebLinkAbout12-06-94Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas December 6, 1994 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 7; Absent - Directors Priest, Roy and Sharp - total 3. 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 Mayor Dailey, followed by the Pledge of Allegiance. Mrs. Chandra Russell, Director of Public Works, and Mr. Jeff Wilkerson, Animal Services Manager, presented three dogs and a kitten that are available for adoption, and encouraged citizens interested in adopting an animal to contact the Animal Control Division. City Manager Charles Nickerson updated the Board of Directors on the solid waste collection system, stating proposals have been received and are being reviewed. In response to an article in U.S. TODAY on December 5, 1994, regarding crime in Little Rock, Mayor Dailey gave a brief update on the crime statistics, stating that Little Rock has begun to turn the corner on crime and that violent crimes were down 7.3% compared to the same time last year. In October the overall crime rate was down 20% compared to last year. Director Keck presented Certificates of Appreciation to Gerald Price, James Jones, Domingo Carrion, Carol Grant, Brent Woods, Derek Dooley, James Graham, James Harris, Keith Richardson, Sylvester Allen, Don Wilson, and Carolyn Hobbs for their services in the year round operation of the Youth Initiative Project (YIP) sites. Director Lewellen presented Finance Director John Pryor with the Governmental Finance Officers Association Distinguished Budget Presentation Award for the 1994 Budget. This is the sixth consecutive year the City of Little Rock has received the award. Certificates of Appreciation were presented to outgoing members of various City of Little Rock Boards and Commissions, as follows: Kathleen Oleson - Planning Commission, and Jeanette Heinbockel - Historic District Commission. (Those not present were Mr. John McDaniel - Planning Commission; Mr. Don Thompson - Board of Electrical Code Appeals; Mr. Jack Forrest and Mr. Mike Flynn - Arkansas Arts Center Board of Trustees; Ms. Charlye Holmes - Arts & Humanities Promotion Commission.) (Director Priest enrolled at 6:25 o'clock P.M.) A public hearing had been scheduled for this time and place by Resolution No. 9,276, adopted November 15, 1994, on the proposal to establish a curfew for minors during normal school hours on weekdays. Director Hendrix questioned how many people were aware of the public hearing and if it was advertised. She was advised that it was advertised on the Government Access Channel and in the Daily Record. Also the Little Rock School District and the Home School Association were notified. Director 1 787 788 Minutes December 6, 1994 Hendrix then asked that the public hearing be deferred until the first of the year (1995). Director Keck urged the Board to proceed with the public hearing, but said he did not intend for the Board to take action on the proposal at the time of the public hearing. City Attorney Tom Carpenter advised Board Members that the draft Ordinance they had did not contain language relative to home schools and was not ready for Board action. Mayor Dailey then declared the public hearing open. Mr. Tom Holiman, head of the Arkansas Home School Association, and President of the Private Schools Association in Arkansas, addressed the constitutionality of a curfew and how the curfew would affect students taught by their parents at home. He also expressed concerns about the practical application of the daytime curfew. He referred to a memorandum addressing the constitutionality of daytime curfews by J. Michael Smith, Home School Legal Defense Association of Paeonian Springs, Virginia. In conclusion Mr. Holiman asked to be a part of the process in developing the daytime curfew and offered his services. Mr. Robert "Say" McIntosh spoke in support of the daytime curfew. No one else was present who wished to speak on the issue. Therefore, Mayor Dailey declared the public hearing closed at 6:38. Director Hendrix asked that the Neighborhood Associations be notified of the next public hearing. Director Lewellen asked that a notice of the public hearing be placed in the Arkansas Democrat. No date was set for the next public hearing on the daytime curfew. The Board of Directors had requested that it be kept informed by the newly created Boards and Commissions on the implementation of Future Little Rock recommendations. Mr. Jim Lynch and Dr. Patricia McGraw, co- chairs of the FUTURE - Little Rock Task Force on race relations and cultural diversity in the community, were present to address the Board. Mr. Lynch reported on the development of the Race Relations and Cultural Diversity Commission, stating the Commission sponsored a "Healing Racism Institute" in October at the Statehouse Convention Center, which was well received. The Commission is trying to determine how it will proceed with respect to how the Commission is going to work through the committee system. One of its charges is to have multi - cultural events. He concluded by stating the Commission has been working closely with the City Manager on employing a Staff Director for the Race Relations and Cultural Diversity Commission. Consideration was then given to the Consent Agenda which consisted of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held September 20, 1994. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1994. (c) Resolution No. 9,281, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF UNIFORMS FOR THE LITTLE ROCK FIRE DEPARTMENT. (Farriors of Little Rock - $61,587.25.) (d) Resolution No. 9,282, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF COMPUTER EQUIPMENT FOR ALERT CENTERS FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (CAD SCAN - not to exceed $87,636.74.) E 789 Minutes December 6, 1994 (e) Resolution No. 91283, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS TO PROVIDE DENTAL INSURANCE COVERAGE FOR CITY OF LITTLE ROCK EMPLOYEES FOR A TWELVE MONTH PERIOD BEGINNING JANUARY 1, 1995. (f) Resolution No. 9,284, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PRUDENTIAL INSURANCE COMPANY OF AMERICA TO PROVIDE HEALTH CARE INSURANCE COVERAGE FOR CITY OF LITTLE ROCK EMPLOYEES FOR A TWELVE MONTH PERIOD EFFECTIVE JANUARY 1, 1995. (g) Resolution No. 9,285, described as: A RESOLUTION EXPRESSING A DESIRE TO UTILIZE FEDERAL AID FUNDING AND TO PROVIDE CITY MATCHING FUNDS FOR THE CONSTRUCTION OF SIDEWALKS ALONG AND ADJACENT TO BASELINE ROAD AND CHICOT ROAD. Upon motion by Director Scheibner, which was seconded by Director Adcock and unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors Meeting held September 20, 1994, were approved as written and distributed to the Board of Directors; (b) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1994, was received and filed; and (c, d, e, f, and g) Resolutions No. 9,281, 9,282, 9,283, 9,284, and 9,285 were read in full and unanimously adopted by the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mr. Jim Rester, President of the West Baseline Neighborhood Association, who spoke on the subject of alert center funding. Mr. Kester said that earlier this year the West Baseline Neighborhood Association got involved in the proposal process to buy into the neighborhood alert center concept, along with five other neighborhoods. Three of those neighborhoods received funding, but West Baseline was one that did not. They are determined to persevere and keep working on the neighborhood programs. He said he understood the Board of Directors is considering dropping funding for the other three alert centers in the 1995 budget. He said the Association had done what was asked in submitting its proposal and also supported the "I'm Big on Little Rock" promotion and the Bond election. He concluded by asking the City to do its part by keeping the funding for the three alert centers (West Baseline, Oak Forest and East Roosevelt). Mayor Dailey advised Mr. Kester that the Budget was still to be adopted. Board members questioned the funding for the alert centers. City Manager Charles Nickerson reminded the Board that funding for the three additional alert centers was never in the 1995 Budget. The money to be received in the form of federal grant funds could be used to expand the alert centers. The next speaker was Mr. Robert "Say" McIntosh, who spoke about people stealing plumbing from houses while the owners were trying to fix them up to meet City Codes. (Director Sharp enrolled at 7:00 o'clock P.M.) The last speaker during Citizen Communications was Mrs. Estell Joshlin, 3116 Potter Street, who read a letter from Bettye Moore Snyder, President of the John Barrow Neighborhood Association, to the Board of Directors regarding the 1995 Capital Bond Projects. Some of her concerns were funding for the traffic signal at Tanya Drive and Barrow Road, continued improvements at Boyle Park, and the need for a police substation in the John Barrow area. 3 i; 1 y: 790 Minutes December 6, 1994 Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK, ARK. REVISED CODE (1988), PROVIDING FOR PLANNED UNIT DEVELOPMENT DISTRICTS TO ACCOMMODATE SINGLE USE DEVELOPMENTS IN ADDITION TO MULTIPLE USES AND LOTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (See Minutes of November 23, 1994 for discussion and first reading of Ordinance.) City Attorney Tom Carpenter advised the Board of Directors that his staff and the Planning staff had met to review the issue and he recommended the Ordinance be withdrawn or deferred. He will try to redraft some language that takes care of this and several other problems. He hoped to have the redraft of the Ordinance by Tuesday, December 13, 1994, to be sent out to the development community and neighborhood associations for comments. He suggested the Board recess the December 20, 1994 meeting to reconvene on December 28, 1994, to consider the proposed Ordinance. Also, a proposed Ordinance dealing with single use planned developments that have been approved by the Board of Directors and setting a procedure for getting them re- implemented will be published in the newspaper on Thursday, and that Ordinance could be considered by the Board on December 28, 1994. There was a motion by Director Scheibner, seconded by Director Adcock, to defer the proposed Ordinance, as well as any other PCD's scheduled for December 20th, until December 28, 1994. Director Keck was opposed to the deferral. Director Priest and Vice Mayor Mason asked that those present to speak on the issue be allowed to address the Board of Directors. Mr. David Jones, Vogel Realty, expressed concern about the deferral. He said there were several PCD's at the last Planning Commission meeting that are scheduled for the December 20th Board of Directors meeting. In his opinion the problem could be solved with a one sentence addition to the existing ordinance stating that single use PCD's were part of the intent and the understanding of what the PCD ordinance was about in the first place. He requested that the Ordinance be considered at the December 20th meeting, so the Board could then consider the PCD's that are scheduled for that meeting because it is extremely important that these be heard as soon as possible. City Attorney Tom Carpenter disagreed with Mr. Jones opinion that one sentence would solve the problem. Director Priest felt that Mr. Carpenter had gone to the extreme and the simple issue had become a very complex problem and she had questions in terms of a taking. During further discussion Director Keck asked Mr. Carpenter to explain the process whereby the Board of Directors would be able to approve retroactively previous planned developments. Mr. Carpenter said the proposed Ordinance would name the planned developments approved recently and reaffirm them. It would also set a time frame for any developer to ask that a planned development be reaffirmed and there would be no fee. The Board of Directors would then adopt an Ordinance that reaffirmed the planned development. There would be a fee for any requests for reaffirmation after the specified date. Director Keck asked if the Ordinance on the Agenda for second read is the same one Mr. Carpenter explained. Mr. Jim Lawson, Interim Assistant City Manager, stated it would be a new ordinance and must be advertised 15 days before consideration. He explained the original PUD ordinance was based on grand scale mixed uses. The new ordinance would provide for creation of another district within that district called planned development, which would be for single use planned development (planned development for a residential use or planned development for a commercial use, etc.). After further discussion, a roll call vote was taken on the motion to defer the Ordinance until December 28, 1994, with the results recorded as follows: Ayes - Directors Adcock, Hendrix, Scheibner, and Joyce - total 4; Noes - Mayor Dailey, Directors Keck, Priest, Sharp, Lewellen, and Mason - total 6; Absent - Director Roy - total 1. Mayor Dailey announced that the 4 Minutes December 6, 1994 motion to defer had FAILED, and asked for the second reading of the Ordinance. Following the second reading of the Ordinance, there was a motion and second by Directors Priest and Lewellen, respectively, to suspend the rules and place the Ordinance on third and final reading. A roll call vote was taken on suspension of the rules, with the results recorded as follows: Ayes - Mayor Dailey, Directors Keck, Priest, Sharp, Lewellen and Mason - total 6; Noes - Directors Adcock, Hendrix, Scheibner, and Joyce - total 4; Absent - Director Roy - total 1. The motion failed to receive the required eight votes to suspend the rules; therefore, the Ordinance remained on the calendar for third and final reading on December 20, 1994. The next presentation was Ordinance No. 16,785, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE GEYER SPRINGS WEST DISTRICT; CHANGING AN AREA FROM PARK /OPEN SPACE TO COMMERCIAL, BETWEEN BASELINE ROAD AND I -30 WEST OF DISTRIBUTION; AND FOR OTHER MATTERS; (Re: Z- 5346 -C - I -30 & Baseline Road.) and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, 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 ten 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Zoning Application Z- 5346 -C filed by Robert Brown of Development Consultants for BHM Rentals to reclassify 4.176 acres at I -30 and Baseline Road (long legal description) from "R -2" Single - family District to "C -4" Open Display Commercial District. The reclassification was approved by the Planning Commission on November 1, 1994. There was no opposition to the rezoning and Ordinance No. 16,786 was presented, with the title being: AM 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- 5346 -C - To rezone 4.176 acres at I -30 and Baseline Road [long legal description] from "R -2" Single - family District to "C -4" open Display District.) and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, 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 ten 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 the question, Shall the Ordinance Pass, with E 791\ 792 Minutes December 6, 1994 the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,274 adopted November 151 1994, on the petition filed by Arkansas Children's Hospital to vacate and close a portion of Summit Street between I -630 and Maryland Avenue. The Notice of public hearing was published in the Daily Record on November 22, 1994 and November 29, 1994. Attached to the petition was a certified copy of the plat of Blocks 4 and 5 of Faust's Addition and Blocks 4 and 5 of Marshall and Wolfe's Addition to the City of Little Rock on file in the Pulaski County Circuit Clerk's Office, and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to abutting property. The abandonment was approved by the Planning Commission on October 18, 1994. Mayor Dailey declared the public hearing open. No opposition was presented. Mayor Dailey declared the public hearing closed, and consideration was given to Ordinance No. 16,787, entitled: AN ORDINANCE ABANDONING AND CLOSING A PORTION OF SUMMIT STREET IN THE CITY OF LITTLE ROCK, ARKANSAS. (Summit Street between I -630 and Maryland Avenue) and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, 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 ten 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,788, with the title being: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO UTILIZE THE EXISTING STATE CONTRACT FOR PATROL SEDANS AND AWARD A CONTRACT TO SMART CHEVROLET FOR THE PURCHASE OF 40 POLICE PATROL SEDANS; (Smart Chevrolet in the amount of $655,880 for 40 police patrol sedans.) and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, 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 ten 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Minutes December 6, 1994 793 Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,789, described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM ZOO CAPITAL IMPROVEMENT SPECIAL PROJECT FUND ACCOUNT TO THE ZOO ADMINISTRATION COMPLEX ACCOUNT AND THE ZOO GENERAL DEVELOPMENT ACCOUNT; and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Adcock, seconded by Director Keck, 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 ten 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given Zoning Application Z -5889 to reclassify property at 7715 Geyer Springs Road from 11R -2" Single - family District to 11C -4" Open Display Commercial District. The application was filed by Gary Johnson for EMRO Marketing Company. The rezoning was approved by the Planning Commission on November 1, 1994. The proposed Ordinance was introduced, with the title being: 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 -5889 - To rezone 7715 Geyer Springs Road from 11R -2" Single - family District to "C -4" Open Display Commercial District.) Mr. John York, 7324 Knollwood, spoke in support of the proposed Ordinance. Mrs. Pam Adcock, 6432 Tulip, supported the proposed Ordinance conditioned upon the provisions made by the applicant becoming part of the Ordinance. (Note: Mr. Gary Johnson, applicant, had distributed a list of items he agreed to do to satisfy the concerns of the neighborhood association.) Mr. Tim Polk, Acting Director of Neighborhoods and Planning, asked that the Ordinance be deferred until December 28, 1994, in order for staff to review the provisions, since this would be considered conditional zoning. Mr. Johnson said he would abide by the things he had agreed to do and urged the Board to approve the Ordinance at this meeting. Director Adcock moved to defer the Ordinance until December 28, 1994. The motion was seconded by Director Sharp and adopted by the following roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Joyce, and Sharp - total 6; Noes - Directors Keck, Priest, Lewellen, and Mason - total 4; Absent - Director Roy - total 1. Therefore, the proposed Ordinance was not read but was deferred until December 28, 1994. At 8:10 o'clock P.M. Mayor Dailey declared a five minute recess. When the Board of Directors reconvened at 8:20 o'clock P.M. Mayor Dailey presided and the following Directors were 7 794 Minutes December 6, 1994 present: Directors Priest, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director Roy - total 1. Zoning Application 2-5891 was the next presentation. The application to rezone property at 9304 I -30 (long legal description) from "R -2" Single- family District to "C -4" Open Display District and "OS" Open Space District was filed by Fred Selz for William L. Thomas, et al, and was approved by the Planning Commission on November 1, 1994. No opposition to the reclassification was presented and Ordinance No. 16,790 was introduced, with the title being: 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 -5891 - To rezone 9304 I -30 [long legal description] from "R -2" Single - family District to "C -4" Open Display and "OS" Open Space Districts.) In response to a question by Director Adcock, Mr. Maury Mitchell of Rector, Phillips & Morse, stated the property would be used for mini - warehouses and office. The Ordinance was then read the first time. There was a motion by Director Priest, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Lewellen, seconded by Director Adcock, to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,791, entitled: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1995; PROVIDING FOR THE PAYMENT THEREOF; (No fee increase.) and the Ordinance was read the second time, having been read the first time on November 15, 1994. The rules were suspended and the Ordinance placed on third and final reading by a motion from Director Mason, seconded by Director Sharp, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,792, described as: 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 BEGINNING IN 1995; AMENDING SECTION 9 OF ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES; (No fee increase.) 8 79 Minutes December 6, 1994 and the Ordinance was read the second time, having been read the first time on November 15, 1994. The rules were suspended and the Ordinance placed on third and final reading by a motion from Director Mason, seconded by Director Sharp, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,793, entitled: AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1995; AND PROVIDING FOR THE PAYMENT THEREOF; (No fee increase.) and the Ordinance was read the second time, having been read the first time on November 15, 1994. The rules were suspended and the Ordinance placed on third and final reading by a motion from Director Mason, seconded by Director Sharp, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,794, described as: AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; (No fee increase.) and the Ordinance was read the second time, having been read the first time on November 15, 1994. The rules were suspended and the Ordinance placed on third and final reading by a motion from Director Mason, seconded by Director Sharp, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was a proposed Ordinance described as: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1995, AND ENDING DECEMBER 31, 1995; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY; The first speaker was Mrs. Claudia Stallings, a member of the Little Rock Arts & Humanities Promotion Commission. She said the commission has started a summer arts program in conjunction with the summer playground program through the Parks & Recreation Department. The summer arts program has been funded through a revolving account that is now depleted. She asked the Board of 9 J 796 Minutes December 6, 1994 Directors to increase the appropriation for Arts & Humanities from $48,000 to $72,000. ($14,000 for the summer playground program for supplies and salaries; $1,000 for the City Beautiful Kids; and funds for an after - school program which would be creative writing.) Mr. Keith Jones, Executive Director of Central Arkansas Transit Authority, requested an additional $170,000 for operating costs and a commitment of $590,000 in capital funding for matching funds for the downtown transfer facility. CATA would need $100,000 in 1995 in order to apply for federal funds, with the remainder due in 1996. Senator Bumpers has obtained almost $4 million in earmarked federal money for Central Arkansas Transit Authority to build a downtown transfer center. The first phase would require a $590,000 match from the City of Little Rock. Mrs. Pat Gray, Vice President of the Arkansas Arts Center Board of Trustees, requested a capital match of $250,000 for four years. In response to a question by Director Adcock, Mr. Townsend Wolfe, Executive Director of the Arkansas Arts Center, stated the funding from the State Art Council is $95,000, while the City of Little Rock funds $480,000. The total budget for the Arts Center is $3.3 million. Directors Mason, Sharp and Keck spoke in support of the Arkansas Arts Center, and Director Keck suggested the Board hold another budget work session before the next Wednesday. City Manager Charles Nickerson recommended to the Board that the outside agencies continue to be funded within the framework that exists (approximately 5% of the total budget goes to outside agencies). After further discussion in which Directors stated support for various proposals, there was a motion by Director Keck, seconded by Director Sharp, to go on record to support the Arkansas Arts Center, and Director Keck distributed copies of a proposed Resolution entitled: "A RESOLUTION EXPRESSING THE INTENT OF THE CITY TO PAY A PORTION OF THE COSTS RELATED TO THE EXPANSION OF THE ARKANSAS ARTS CENTER." Director Priest said it is unfair to expect the Board of Directors to act on the Resolution immediately. There was a lengthy discussion in which Board Members voiced opinions on funding various outside agencies and what directions should be given City Manager Charles Nickerson in preparing for a budget work session. Director Keck then asked that the vote be taken on his Resolution. Therefore, the Resolution was read in full. Director Keck moved for the adoption of the Resolution and the motion was seconded by Director Sharp. A roll call vote was taken on adoption of the Resolution, with the results recorded as follows: Ayes - Mayor Dailey, Directors Scheibner, Keck, Sharp, Lewellen, and Mason - total 6; Noes - Directors Adcock, Hendrix, Joyce and Priest - total 4; Absent - Director Roy - total 1. In order to make a point, Director Priest moved to have a Resolution expressing the intent to fund $170,000 of the costs related to service for Central Arkansas Transit Authority, and Director Adcock seconded the motion. Director Scheibner then changed his vote to "No" on the Arts Center Resolution for a total of 5 ayes, 5 noes and 1 absent. Whereupon, the Arts Center Resolution FAILED. After Director Scheibner changed his vote and the Arts Center Resolution failed, Directors Priest and Adcock withdrew the motion and second regarding CATA. Mayor Dailey then asked City Manager Charles Nickerson to come up with a formula by Wednesday for funding the various outside agencies (Arts Center, CATA, Arts & Humanities, Economic Development, Alert Centers) . Following further discussion, City Manager Nickerson said that the AT &T money would give flexibility to do some of the things suggested by Board Members. City Attorney Tom Carpenter reminded the Board that the AT &T money is escrowed and kept separate in an interest bearing account so that if the City loses the case the City would not be liable for higher interest rates than what was collected. However, the Board could adopt a Budget by Ordinance and simultaneously adopt a Resolution of intent to fund if the AT &T 10 Minutes December 6, 1994 money becomes available. (Director Priest was excused at 9:50 o'clock P.M.) Discussion continued on funding the Alert Centers. Director Adcock reminded Board Members that Congressman Ray Thornton had obtained $500,000 to fund three alert centers. When the 1 -1/2 hour discussion concluded, no action was taken on the budget, and the proposed Budget Ordinance was deferred to Wednesday, December 14, 1994. The next presentation was Ordinance No. 16,795, with the title being: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARKANSAS BUREAU OF ALCOHOL AND DRUG ABUSE PREVENTION TO PROVIDE ADULT RESIDENTIAL TREATMENT SERVICES TO LITTLE ROCK CITIZENS; ($135,000 to provide funding for 25 additional beds exclusively for Little Rock residents for alcohol and drug abuse treatment.) In response to a question by Director Adcock, Mrs. Wendy Salaam, Fighting Back Director, stated these are all adult beds with 10 beds designated for men, 15 beds for women with 5 of those designated for women with children. GIST House will get 5 beds for men, Serenity Park will get 5 beds for men, Riverbend will get 5 beds for women, 24 Hour Center will get 5 beds for women, and Arkansas Cares will get 5 beds for women with children. Following the brief discussion, the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Lewellen, which was seconded by Director Mason and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Sharp, 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 nine 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. (Director Priest re- enrolled at 10:05 o'clock P.M.) An Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Sharp, Lewellen, and Mason - total 10; Noes - None; Absent - Director Roy - total 1. Therefore, the Ordinance was declared PASSED. The last item to be considered was a proposed Resolution, entitled: A RESOLUTION TO ESTABLISH A PROCESS FOR THE SELECTION OF A PERSON TO FILL THE UNEXPIRED TERM OF DIRECTOR JIM DAILEY ONCE HIS AT -LARGE POSITION IS VACATED UPON HIS ASSUMING HIS POSITION AS MAYOR; AND FOR OTHER PURPOSES; Mr. Richard Brittain, 503 East 6th St., spoke against restricting applicants for Position 6 to Ward 4. Director Priest stated this is not an issue to be discussed by this Board because Mayor Dailey has not resigned as City Director - Position 6, and it would be detrimental to the process in the future if there has been a vote taken on this. Director Hendrix supported Director Priest's comments. Mr. Jimmy Sweeden, President of Santa Fe Heights Neighborhood Association, supported a representative of Ward 4. Director -elect Gloria Wilson also recommended that the decision should be left to the new Board of Directors. Director Keck said the only thing he had in mind was to outline a process by which applications or resumes would be accepted, so they would be in hand for the new Board of Directors to review. Director Lewellen questioned whether the Board could legally do this and be consistent with the enabling legislation. City Attorney Tom 11 79 L- / 798 Minutes December 6, 1994 Carpenter said nothing makes it legal or illegal. Following the discussion, there was a motion by Director Sharp, seconded by Director Adcock, to leave the decision to the new Board after January 1, 1995, and the motion was unanimously adopted. Therefore, no action was taken on the Resolution. There being no further business to be presented, the Board of Directors recessed at 10:25 o'clock P.M. to reconvene on Wednesday, December 14, 1994 at 1:30 o'clock P.M. to consider the 1995 Budget Ordinance. ATTEST: 4 WUzz cz- City Clerk Robbie Hancock 12 APPROVED: 'or Jim Daile