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02-21-9535 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas February 21, 1995 - 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 Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director Wilson - total 1. With a quorum being 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 with the Pledge of Allegiance. To begin the meeting, Mayor Dailey announced that the briefing, presentation, and update by the Sister Cities Commission, and the proposed Resolution appearing on the Agenda as Item No. 12, to enter into the privatization of solid waste collection programs with the Pulaski County Regional Solid Waste Management District, were being deferred until March 7, 1995. The Consent Agenda was first presented and consisted of the following items: (a) A motion to set the date for public hearing on March 7, 1995, on uses of funds for FY 1995 HUD Entitlement Grants to the City of Little Rock. (b) Resolution No. 9,329, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 6 & 7 OF MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date to be March 7, 1995.) (c) Resolution No. 9,330, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BUSTER RILEY AND ASSOCIATES FOR REAL ESTATE APPRAISAL AND ENVIRONMENTAL SERVICES FOR RIGHT -OF -WAY ACQUISITION FOR THE WIDENING OF MABELVALE CUT -OFF, GEYER SPRINGS TO CHICOT, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $25,200.) (d) Resolution No. 9,331, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DEVELOPMENT CONSULTANTS, INC., IN THE AMOUNT OF $29,217.46 FOR ENGINEERING DESIGN AND SERVICES FOR CDBG RECONSTRUCTION OF WEST 18TH STREET FROM ABIGAIL TO PEYTON, WEST 17TH STREET FROM LEWIS TO WASHINGTON, AND BOULEVARD STREET FROM WEST 22ND TO BLAKEMORE DITCH. (e) Resolution No. 9,332, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH SUPERIOR FORWARDING TRUCKING CORPORATION FOR A DOWNTOWN MAINTENANCE FACILITY FOR THE FLEET SERVICES DEPARTMENT. (300 Shall Street) ($15,156 per year for 3 years.) By a motion from Director Sharp, seconded by Director Adcock, which was adopted by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) Motion 1 /I Minutes February 21, 1995 second reading of the Ordinance ensued. There was a subsequent motion again made by Director Adcock, seconded by Director Mason, to further 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 there was a third and last reading of the Ordinance. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director WiJ ^on - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. There being no further business to be presented, Mayor Dailey declared the meeting adjourned at 9:10 o'clock P. M., with the Board of Directors to convene in regular session on Tuesday, March 71 1995, at 6:00 o'clock P. M. ATTEST: (Jwj-�-� 40,�,i, City Clerk Robbie Hancock fluej APP OVED: M or Jim Daile 36 Minutes February 21, 1995 was made and adopted to set the date for public hearing on March 7, 1995, on uses of funds for FY 1995 HUD Entitlement Grants to the City of Little Rock; and (b, c, d and e) Resolutions No. 91329, 91330, 9,331 and 9,332, were read in full and unanimously adopted by the Board Members present. At the time allotted for Citizen Communications, the following persons addressed the Board. Mrs. Ruth Bell, representing the League of Women Voters, was the first speaker. She thanked the Board of Directors for changing the time of the Agenda Meetings from 1:30 P. M. to 4:00 P. M. (Beginning 2 -28 -95 the Agenda Meetings will be on Tuesdays at 4:00 instead of Wednesdays at 1:30.) Mrs. Bell asked that other meetings also be changed, particularly the Planning Commission which meets at noon. Late afternoon or early morning (7 -8:30) meetings are more accessible to the general public and would serve the City better, she commented. Mr. Robert "Say" McIntosh, spoke on "Black History Month." Mr. McIntosh said some blacks were mad at the City because the City calendar has a picture of monkeys at the Little Rock Zoo for the month of February, which is also black history month. Again, Mr. Bennie Johnson, spoke on the subject of black on black crime and asked the Board of Directors to work with the citizens to do something about it. He also expressed frustration because more blacks are not being promoted in the Police Department and said there needs to be more blacks in administration and we need to cut out racism. Mrs. Rim Hogan, 13316 Frazier Pike, addressed the land application of sewer sludge. She lives in the Fourche Island community and is opposed to the Little Rock Wastewater Utility's plan to put sludge on land in that area, saying it will contaminate well water. She concluded by asking the Board to look into this situation because they are negligent. Mayor Dailey stated he had talked with one of the Sewer Commissioners and will be going out to visit the site in a few days. City Manager Charles Nickerson noted that Mr. Reggie Corbett, Manager of Wastewater Utility, will be at the Agenda Meeting on February 28, 1995 to brief the Board of Directors on the sludge application. Mrs. Barbara Hartsell, 6200 Thibault Road, also spoke regarding the land application of sludge. She said Wastewater officials have not been straightforward with residents. Residents were told there would be no odor, yet PC &E said there would be. Mrs. Hartsell said Mr. Reggie Corbett told them he took sludge home and put it on his rose bushes which, she said, is against PC &E and federal regulations. Mr. Paul Howell, 10308 Jana Drive, spoke to the Board regarding the Flag. He read a poem about the flag and concluded by asking the Board of Directors to please fly the f lag at each and every meeting in a positive and appropriate manner. Mrs. Mary McGehee, 2219 Romine Road, spoke on behalf of the Twin Lakes and John Barrow Neighborhood Associations, and asked that the new police substation be located in the area bordered by Kanis, Shackleford and Colonel Glenn Roads. Mrs. Doris Jones, 3701 Boyd Street, also asked that the new police substation be placed in the John Barrow area. She said the residents previously submitted a petition with 1000 signatures asking that the substation be located in that area. Mrs. Betty Snyder, 4002 Walker Street, President of the John Barrow Neighborhood Association, expressed concern for the location of the new police substation. She also reported on the 2 Minutes February 21, 1995 37 progress made by the Association, stating that a new alert center was opened in Westwood two weeks ago. The community has tried to work together to combat crime. Mrs. Genevieve Stewart, 44,411 Ludwig Street, spoke regarding police brutality. Mrs. Stewart said she represented ACORN John Barrow Neighborhood group. She agreed with a lot of what had been said about the alert center and crime, but she wanted to present the other side. She said there have been a lot of complaints about policemen coming into the neighborhood harassing residents and using racial language. She cited an incident involving her son being stopped for no reason as he was walking to a friend's house nearby. Mrs. Stewart said an ACORN official had tried to get a list of reports against police officers and was told there were none. City Attorney Tom Carpenter noted that such reports are not subject to disclosure. To conclude Citizen Communications, Mr. Joseph Cole, 101 Ridgeway, a student, addressed the Board regarding the curfew. Mr. Cole said the City has gotten away with the curfew because there is one loophole that makes it slightly constitutional. Section 6 (Ordinance No. 16,564) provides an exception any time a minor is engaged in an activity protected by the First Amendment including freedom of speech, which would be protesting the curfew. So his idea was to get all the kids in the City protesting the curfew all hours of the day. He had business cards printed that said "The holder of this card is at all times practicing their freedom of speech and therefore, is exempt from the Little Rock and North Little Rock curfew. This also includes Sherwood, Maumelle, and surrounding areas in Pulaski County." Mr. Cole also reported an incident in which a police officer was extremely rude. He concluded by asking that the alert centers be kept open 24 hours per day. A proposed Ordinance was presented, entitled: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED UNIT DEVELOPMENT, AND PROVIDING FOR THE MAINTENANCE OF A PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ENTITLED MID - AMERICA CENTER AMENDED SHORT -FORM PRD (Z- 4085 -C) , LOCATED ON THE NORTH SIDE OF W. ROOSEVELT ROAD, BETWEEN S. BATTERY STREET AND S. WOLFE STREET, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NOS. 15,460 AND 15,801 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (See Minute Record of January 17, 1995 and February 7, 1995, regarding 2- 4085 -C, located on the north side of W. Roosevelt Road, between S. Battery Street and S. Wolfe Street.) and the proposed Ordinance was read the first time. Ms. Melanie Miller, 1306 Wright Avenue, real estate broker for Mr. Fred Rodgers and Mr. Cedrick Rodgers, urged the Board of Directors to support the proposed Ordinance and add the property at 2408 Battery Street to the project at 2408 Wolfe Street. Ms. Erma Hendrix (former City Director Ward 1) , who lives about eight blocks from the property, spoke in support of the project, saying she had talked with many of the residents who approve of the site. Senator Bill Walker, P. O. Box 1609, Little Rock, was the first speaker in opposition to the proposal. He represented residents in the area and said the people he talked to were opposed to the project. Senator Walker said his mother lives within three blocks of the area and he does have an interest in making sure that her neighborhood is protected and maintained. He said the concern was not the day care, but the real concern is the proposed 70 bed care for adjudicated youth facility. In closing, he asked that the Board take a serious look at what this neighborhood is asked to bear. Ms. Arkie Byrd, 2415 Wolfe Street, speaking in opposition, pointed out that Mitchell Elementary School is just across the street from this proposed facility, and it would not enhance the neighborhood that she 3 • Minutes February 21, 1995 helped to revitalize. She was opposed to the approval of this project. Mr. A. C. Mitchell, 2314 Cross Street, spoke in opposition to the proposed Ordinance to modify the Planned Unit Development. Mr. John Lewellen, (former City Director Position 4), spoke in strong opposition, saying he was opposed to over saturating the area with this kind of development, and said he would appreciate the Board voting against the proposed Ordinance. Ms. Miller and Mr. Rodgers answered various questions from Board Members about the facility. Mr. Rodgers explained that the facility is not for adjudicates' youth, but will be the Emergency Youth Facility of Little Rock, for kids that need help. City Attorney Tom Carpenter suggested that the proposal be delayed for further information. Therefore the proposed Ordinance remained on the calendar for second reading at the March 7, 1995, Board of Directors Meeting. Resolution No. 9,333 was the next presentation, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE MACARTHUR MILITARY HISTORY MUSEUM COMMISSION; (See Ordinance No. 16,800, es�:ablishing the MacArthur Military History Museum Commission. Appointing Thomas Dale Alford, Maurice "Footsie" Britt, Claude Carpenter, Sterling Cockrill, Richard B. Dixon, James Reed Eison, Floyd H. Fulkerson, James T. Harvey, Dick Herget, Joe Hill, Gene Hooks, Paul W. Howell, Joa Stafford - Humphrey, R. J. Hughes, Karen Johnson, Bob Keltner, John Lewellen, Maurice E. Lewis, Sidney S. McMath, James A. Ryan, James A. Ryan, Jr., Carl F. Scheibner and Dr. J. K. Sherman.) and there was a complete reading of the Resolution. A motion was made by Director Adcock and seconded by Director Joyce, that the Resolution be adopted. The motion was unanimously adopted by voice vote of the Board Members present, and the Resolution was declared adopted. Consideration was then given to Ordinance No. 16,848, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE OTTER CREEK DISTRICT, NORTHWEST OF I- 430/I -30 INTERCHANGE, CHANGING LIGHT INDUSTRIAL AND MULTIFAMILY TO MIXED OFFICE INDUSTRIAL, MIXED OFFICE WAREHOUSE AND PUBLIC USE, AND FOR OTHER MATTERS; (Re: Z- 4461 -A - Phil -Cord PD -I, located NW of I -430 and I -30 to Fourche Creek.) and there was a first reading of the Ordinance. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hinton and 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 Mason, 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 ten 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 taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. 4 Minutes February 21, 1995 39 Ordinance No. 16,849, was the next presentation, with the title being: AN ORDINANCE APPROVING A ESTABLISHING A PLANNED DEVELOPMENT "PHIL -CORD SHORT -FORM PD -I" (9125 SI THE CITY OF LITTLE ROCK, ARKANSAS, CODE OF ORDINANCES OF THE CIT': OF PURPOSES; PLANNED DEVELOPMENT AND - INDUSTRIAL DISTRICT TITLED BLEY HOLE ROAD) (Z- 4461 -A) IN AMENDING CHAPTER 36 OF THE LITTLE ROCK; AND FOR OTHER (Re: Z- 4461 -A - 3.92 acres, more or less, located at 9125 Sibley Hole Road, changed from 11R -2" Single- family District to "Planned Development - Industrial District. ") and there was a first reading of the Ordinance, followed by a motion from Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hinton and adopted by unanimous vote of the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and a second reading of the Ordinance followed. The rues were further suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Mason and Sharp, respectively, and 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. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Ordinance was then declared PASSED. Ordinance No. 16,850, was presented, containing the following caption: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENTS AND SIDEWALK REQUIREMENTS; (2- 4461 -A - For Phil -Cord PD -I, located at 9125 Sibley Hole Road, to provide for a 5 year deferral of street improvements, and a deferral of sidewalk construction provided in Section 31 -402 of the Code of Ordinances.) and after a first reading of the Ordinance, there was a motion by Director Adcock, seconded by Director Hinton, 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 ten 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 Mason and Sharp, 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 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. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Mayor Dailey then declared the Ordinance PASSED. 5 Minutes February 21, 1995 Ordinance No. 16,851, was the next presentation, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED THE VILLAGE AT CHENAL LONG -FORM PCD (Z- 5936), AND LOCATED ON THE WEST SIDE OF CHENAL PARKWAY APPROXIMATELY 3/4 MILE NORTH OF THE WEST KANIS ROAD INTERSECTION, 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; (2-5936 - The Village at Chenal Long -form PCD, located on the west side of Chenal Parkway approximately 3/4 mile north of the West Ranis Road Intersection, containing 138.4 acres more or less.) and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion from Director Adcock and seconded by Director Hinton, which was unanimously adopted by members of the Board of Directors present, being ten 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 Mason that the rules be again suspended and the Ordinance be placed on third and final reading. Director Sharp seconded the motion which was adopted by unanimous vote of the members of the Board of Directors present, being ten in number and two - thuds 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, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Ordinance was then declared PASSED. Introduced next was Ordinance No. 16,852, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR VARIANCES FROM THE REQUIREMENTS FOR RIGHT -OF -WAY WIDTHS FOR INTERIOR STREETS FOR THE VILLAGE AT CHENAL LONG -FORM PCD (Z- 5936), LOCATED ON THE WEST SIDE OF CHENAL PARKWAY, APPROXIMATELY 3/4 MILE NORTH OF THE WEST KANIS ROAD INTERSECTION, LITTLE ROCK, ARKANSAS; (2-5936 - Variances from requirements of street widths for The Village at Chenal, located on the west side of Chenal Parkway, approximately 3/4 mile north of the West Ranis Road intersection.) 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 Adcock, seconded by Director Hinton, and unanimously adopted by members of the Board of Directors 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 second time. There was an ensuing motion made by Director Mason, 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 members of the Board of Directors present, being ten in number and two - thirds or more of the members of the Board of Directors- elect, and there was a third and last reading of the Ordinance. The passage of the Ordinance was then submitted to an Aye and No Vote which resulted as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. It was then announced that the Ordinance had PASSED. F.1 Minutes February 21, 1995 41 A public hearing had been scheduled by Resolution No. 9,322, and notice thereof duly published on February 14, 1995 and February 21, 1995, on the request by Dave Garner, et al, to vacate and close the alley and a portion of the public utility and drainage easements in Block 4 of A. C. Reads Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission. Attached to the petition was a certified copy of Block 4, A. C. Read's Addition on file in the Pulaski County Circuit Clerk's Office, and a. letter from Beach Abstract and Guaranty Company listing the last apparent owners of record to abutting property. Mayor Dailey then declared the public hearing open and with no opposition presented, he declared the public hearing closed, and Ordinance No. 16,853 was presented, containing the following heading: AN ORDINANCE VACATING AND CLOSING THE ALLEY AND A PORTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN BLOCK 4 OF A. C. READS ADDITION TO THE CITY OF LITTLE ROCK; (Re: A 20 foot alley in Block 4, A. C. Reads Addition, and a portion of the public utility and drainage easements.) with the Ordinance being read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 ten 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 being made by Director Mason, seconded by Director Sharp, 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 ten in number and two - thirds or more of the members of the Board of Directors- elect, the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,854 was presented, entitled: AN ORDINANCE ALLOCATING $425,000 FOR THE CONSTRUCTION OF THREE (3) BLOCKS OF CAPITOL AVENUE FROM FERRY STREET TO ROCK STREET, A FUTURE- LITTLE ROCK PROJECT BEGINNING AT THE NEW POST OFFICE SITE AND MOVING WEST; (Re: $425,000 allocated from Future - Little Rock tax dollars to construct three blocks of Capitol Avenue from Ferry Street to Rock Street.) and said Ordinance was read the first time, followed by a motion by Director Adcock, seconded by Director Hinton, 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 ten 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, with the motion being made by Director Mason, seconded by Director Sharp, and unanimously adopted by members of the Board of Directors present, being ten 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 - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. 7 42 Minutes February 21, 1995 The next presentation was a proposed Ordinance, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS AND WAIVING THE DEDICATION REQUIREMENT FOR ADDITIONAL RIGHT -OF -WAY, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -5671 - Goss Enterprises, Inc. /Charles Goss, the applicant, to rezone 6000 and 6024 Stagecoach Road, from 11R -2" Single family District to 11C -3" General Commercial, and waiver of dedication of additional 25 ft. right -of -way for Stagecoach Road (Ark. State Hwy. No. 5.) with the Ordinance being read the first time. Mr. Jim Lawson, Director of Neighborhoods and Planning, gave a briefing to the Board, explaining the main issue on this request is the amount of right -of -way that is required. The Master Street Plan standard is 55 feet from the centerline. Staff has worked with the Highway Department and is recommending a 50 ft. right -of -way. Mr. Charles A. Brown, 323 Center Street, Suite No. 720, representing the property owner, Mr. Charles Goss, explained the proposed project saying there was no change in business or traffic. He cited a Fort Smith Court Case and the opinion handed down by the Supreme Court. Mr. Brown said it does not justify any additional burden on the streets and there is no additional cost to the City. He requested the proposed Ordinance be approved without the requirement of the dedication of the street. In answer to a question by Director Adcock, Mr. Lawson stated the road will have to be widened at some point in time, and what right -of -way the City does not own will have to be purchased at that time. Director Sharp felt the Board should take a close look at this, and said he was going to vote for the waiver; adding, "the man did not ask to be annexed to the City, and this simply is not right." City Attorney Tom Carpenter told the Board the property is zoned residential and is a non - conforming use. He said the question before you is, "whether to take the right -of -way because this is probably the only time you will have a right to request the right -of- way." City Manager Charles Nickerson also agreed that this is the appropriate and only time the Board will have an opportunity to make the right -of -way request. Mr. Lawson answered questions by Board Members. Director Hodges stated the waiver would be setting a very bad precedent, and Director Kumpuris said nothing will happen until the State triggers the action. Directors Sharp and Adcock were opposed to requiring the right -of -way dedication. Following the lengthy discussion, a motion was made by Director Sharp, seconded by Director Kumpuris, that the rules be suspended and the proposed Ordinance be placed 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 Adcock, seconded by Director Joyce, to again suspend the rules and place the proposed 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 Direccors- elect, and there was a third and last reading of the proposed Ordinance. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Sharp, Adcock and Wyrick - total 3; Noes - Directors Mason, Kumpuris, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 7; Absent - Director Wilson - total 1. Whereupon, the proposed Ordinance FAILED TO PASS. F Minutes February 21, 1995 43 The next presentation was a proposed Resolution, entitled: A RESOLUTION OF INTENT TO FUND THREE ADDITIONAL ALERT CENTERS AT OAK FOREST, EAST BROADWAY, AND WEST BASELINE ROAD TO BE PAID FOR OUT OF THE $500,000 GRANT FROM THE FEDERAL GOVERNMENT; AND FOR OTHER PURPOSES; (Re: Oak Forest, East Broadway and West Baseline Road Alert Centers.) and there was a complete reading of the proposed Resolution. Mayor Dailey asked that City Manager Charles Nickerson present a briefing to the Board on the location and the proposed alert centers. He said the site locations were included in the original proposal; however, some may have changed. A motion was made by Director Adcock, seconded by Director Mason, for adoption of the Resolution. Director Mason asked Mr. Nickerson for additional information. Mr. Nickerson explained one concern was that we are dealing with a one time source of money, and that he would always recommend to not commit to long -range operating programs, from one time source of funding. He felt we should do a more effective job in the existing alert centers by expanding the hours and filling in the gaps. A lengthy discussion was held among Board Members with Mr. Nickerson answering various questions regarding costs involved in operating alert centers, hours of operation, and other issues. In the discussion, Director Adcock said Congressman Thornton had said that "I will help you secure funds for three new additional centers, and I feel like we should partnership with these neighborhoods." Those persons signing cards and speaking in support of the alert centers were: Ann Brown, 2100 Scott Street; Maggie Lu Hawkins, 522 East 23rd Street; Nellie Leonard, 2307 Cumberland Street; Raymond Rodgers, 2008 Scott Street; Kenyon Lowe, 3024 Ringo Street; Jim Koster, 9923 Forester Cove; John Brockway, 9512 Crofton Drive; James Hickman, 2020 South Tyler Street; and Gene Reed, 2101 Fair Park Boulevard. To conclude the discussion, Director Hodges felt the matter should be delayed for two weeks, and he made a motion, seconded by Director Joyce, that the proposed Resolution be tabled until March 7, 1995. A roll call vote was taken on the motion to table for two weeks, and received the following response: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck, Joyce and Mayor Dailey - total 7; Noes - Directors Adcock, Hinton and Wyrick - total 3; Absent - Director Wilson - total 1. Therefore, the proposed Resolution was tabled until March 7, 1995. The last matter to be considered was Ordinance No. 16,855, described as: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Before the Ordinance was read the first time, Mr. Jim Lawson, Director of Neighborhoods and Planning, asked that 2107 Bragg Street be removed from the Ordinance. Mr. David L. Thomas, owner of property at 105 South Schiller Street, told the Board of Directors that plans are underway to completely renovate the property, financing plans are underway, and he requested an extension of time before demolition. Mayor Dailey then announced that 2107 Bragg Street was being removed from the Ordinance, and that a sixty day administrative extension was being granted Mr. Thomas for 105 South Schiller Street. The Ordinance was then read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and 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 9