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06-20-95120 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas June 20, 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, Adcock, Hinton, Keck, Joyce, and Wyrick - total 7; Absent - Directors Kumpuris, Wilson, and Hodges - 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. Mr. Freeman McKindra, Senior Program Officer of the Winthrop Rockefeller Foundation, presented Mayor Dailey a Resolution of Appreciation for his services on the Board of the Professional Counselling Association, a behavioral health provider of Pulaski, Prairie, and Lonoke Counties. The Invocation was given by Director Mason, followed by the Pledge of Allegiance. There was a short video of the Arkansas Arts Center Museum School, which is funded by Intervention, Prevention and Treatment Program dollars from the one -half cent sales tax. (Directors Rumpuris and Wilson enrolled at 6:10 o'clock P.M.) At the request of Mayor Dailey, City Attorney Tom Carpenter explained the impact of the ruling of the Arkansas Supreme Court regarding the Jefferson County one cent sales tax for general purposes. On Monday the Court ruled the countywide sales and compensating use tax, particularly taxes that exceed one -half of one percent and used for general purposes, are not authorized under Article 16 of the Arkansas Constitution. Some 71 counties in the State of Arkansas derive a substantial portion of their revenues from county wide sales tax, which is distributed on a per capita basis to local cities. The City of Little Rock gets approximately 2.1 million dollars a month as its share of the existing county wide sales tax. There will be an effort by a number of cities and counties to petition for a rehearing in the case. Mr. Carpenter concluded by stating he would ask the Board of Directors for authority to prepare a petition for rehearing to either be filed on behalf of the City alone or to be filed by the City in cooperation with other cities in Arkansas or the Arkansas Municipal League. There was a motion by Director Keck to include in the Consent Agenda a Resolution giving Mr. Carpenter authority to prepare the petition for rehearing. The motion was seconded by Director Mason and unanimously adopted. (See Resolution No. 9,426 in Consent Agenda.) Consideration was then given to Item 39 on the Agenda at the request of Mayor Dailey in order to remove the display of the River Project from the Board Room. Mr. Paul Kimbrough spoke in support of the River Project. Resolution No. 9,414 was presented, with the title being: A RESOLUTION ENDORSING THE RIVER PROJECT AND SUPPORTING PASSAGE OF A TEMPORARY ONE CENT COUNTYWIDE SALES TAX TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECT; 1 'N 129 Minutes June 20, 1995 Consideration was then given described as: to Ordinance No. 16,912, AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE SIDEWALK REQUIREMENTS FOR DONAHUE SHORT.. -FORM PRD (Z- 5964), LOCATED ON THE NORTH SIDE OF SIMPSON ST., NORTH' OF THE MILBURN LN. INTERSECTION, LITTLE ROCK, ARKANSAS; (Z -5964 - Waiver of sidewalk requirements for Donahue Short -Form PRD.) and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,913, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND _ ESTABLISHING A PLANNED ZONING DISTRICT TITLED DOWNEN SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT (Z- 5981), AND LOCATED ON THE SOUTH SIDE OF ASHER AVENUE, AT 8315 ASHER AVENUE, 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; and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,914, entitled; AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM LOT WIDTH TO DEPTH RATIO REQUIREMENTS AND A WAIVER OF THE SIDEWALK REQUIREMENTS FOR OTTER CREEK COMMUNITY, LOTS 850, 851 & 852, PHASE VIII (S- 45- A -17), LOCATED AT THE SOUTHWEST CORNER OF OTTER CREEK PARKWAY AND FAWN TREE DRIVE, IN THE OTTER CREEK COMMUNITY, LITTLE ROCK, ARKANSAS; 10 130 Minutes June 20, 1995 and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,915, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE BOUNDARY STREET IMPROVEMENTS REQUIREMENTS FOR DEAN WISDOM SUBDIVISION, LOTS 16R, 17R, AND 18R, (S- 1058), LOCATED AT THE NORTHWEST CORNER OF ARCH STREET PIKE AND WEST GRINDE ROAD, PULASKI COUNTY, ARKANSAS; and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,916, with the title being: AN ORDINANCE REAPPROPRIATING FUNDS; AMENDING ORDINANCE NO. 16,839; AUTHORIZING THE ALLOCATION OF FUNDS FOR A REPORTING AND DISPLAY SYSTEM; AND FOR OTHER PURPOSES; (To report status of 1995 Capital Improvement Bond Construction Projects.) and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - 11 Minutes June 20, 1995 I.31 Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,917, entitled: AN ORDINANCE AUTHORIZING THE CLOSURE OF THE PORT BOND RETIREMENT FUND; TRANSFERRING REMAINING MONIES IN THE FUND TO THE ECONOMIC DEVELOPMENT FUND; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,918, described as; AN ORDINANCE AMENDING CITY CODE SECTION 2- 172(B) REGARDING THE CITY'S POLICY FOR THE SALE OF BONDS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Resolution No. 9,428 was the next presentation, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MEHLBURGER FIRM, INC., TO PROVIDE ENGINEERING DESIGN SERVICES FOR EXPANSION OF THE LITTLE ROCK LANDFILL; and the Resolution was read in full. There was a motion by Director Keck, seconded by Director Mason, to adopt the Resolution. And the Resolution was unanimously adopted by the Board Members present. (Directors Wilson and Hodges were absent.) 12 132 Minutes June 20, 1995 Introduced next was Resolution No. 9,429, described as: A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AT JUNIOR DEPUTY AND KANIS ROADS FOR A POLICE SUBSTATION. Mrs. Betty Snyder, President of the John Barrow Neighborhood Association, spoke in support of the Resolution and expressed appreciation and gratitude to the Board for locating the police substation in the John Barrow area. She also expressed gratitude for the residents of John Barrow, Twin Lakes, Westwood, Kingston Place and Campus Place coming together for a common goal. There was a motion and second by Directors Sharp and Keck, respectively, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. (Directors Wilson and Hodges were absent.) Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE AUTHORIZING THE CITY TO PLACE A PERMANENT BARRICADE ACROSS WEST 10TH STREET AT THE UNION PACIFIC RAILROAD GATE CROSSING BETWEEN JONES AND THAYER STREETS IN ROOTS AND COYS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (The Ordinance was read the first time on June 6, 1995 and left on the calendar to allow staff and Union Pacific representatives to meet with area residents to explain the proposal.) City Manager Charles Nickerson explained to the Board of Directors that staff and Union Pacific representatives met with approximately 18 area residents on June 19, 1995. Approximately one -third of the residents (mostly businesses) were in favor of the closing and two - thirds were opposed. Staff still supports the closing and the Union Pacific Railroad Company has agreed to fence the area and provide some of the safety measures discussed. Mrs. Chandra Russell, Director of Public Works, presented contour maps of the area and explained the railroad plans to fence the area for 233 feet. Speaking in support of the closure were Mr. David Peterson (Union Pacific Railroad Company), Janie Lienhart (125 Brown St.), James McMullan (1110 Appianway), Jon Waldrip (Ark. Hwy. Dept.), and Dennis Kersenbrock (2600 W. 10th St.). (Director Wilson re- enrolled at 7:45 P.M.) Speaking in opposition to the closing were: Clarence Reed (900 Thayer), Harold Coleman (3501 Maryland), Avery Page (1001 Woodrow), and Robert Donald (2713 Vancouver). In response to a question by Director Sharp, Mr. Peterson said that on a 7 day week, the train traffic averages 51 per day, but on Thursdays, Fridays and Saturdays, train volumes are in excess of 70 trains per day. Mr. Reed said he didn't want to lose access to the road. The railroad was built prior to 1899, and there has never been an automobile accident there. Responding to comments and questions by Director Sharp, Mrs. Russell said the 6 ft. fence would be a deterrent to children, and the selection of this location was based on three things: safety, high volume of train traffic, and very low vehicle traffic. Following the lengthy discussion, the Ordinance was read the second time. There was a motion by Director Mason, seconded by Director Joyce, to suspend the rules and place the Ordinance on third and final reading. The motion failed by the following roll call vote: Ayes - Directors Mason, Kumpuris, Hinton, Keck, Joyce, Wyrick and Mayor Dailey - total 7; Noes - Directors Adcock, Wilson, and Sharp - total 3; Absent - Director Hodges - total 1. With the motion having failed to receive the required two - thirds vote to suspend the rules, the Ordinance was left on the calendar for third and final reading on July 5, 1995. At 8:20 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:30 o'clock P.M.. Mavor Dailev presided and the followina Directors were 13 Minutes June 20, 1995 .33 present: Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, and Wyrick - total 9; Absent - Director Hodges - total 1. Consideration was then given to Ordinance No. 16,919, entitled: AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT, AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED OFFICE DISTRICT TITLED MID - AMERICA CENTER AMENDED SHORT -FORM POD (Z- 4985 -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 preceding discussion on pages s and 9.) Director Wilson explained that the residents and the applicant reached an agreement in the Conference Room and the residents do not oppose the uses as read by Mr. Lawson. There was a motion by Director Adcock, seconded by Director Keck, to amend the Ordinance from a PRD (Planned Residential District) to a POD (Planned Office District) and to include the list of uses as stated by Mr. Lawson. The motion was unanimously adopted by the Board Members present, and there was a third and final reading of the Ordinance, as amended. A roll call vote was taken on passage of the Ordinance with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, Mayor Dailey announced that the Ordinance, as amended, had PASSED. At the time allotted for Citizen Communications, the first speaker was Mr. Robert "Say" McIntosh, who spoke on various issues: the news media report about the mother of the 3 children that were killed recently going to jail, the Immanuel march, etc. Mr. Michael J. Ridley, 2022 Battery Street, a member of the Wright Avenue Neighborhood Association, spoke about the rules for the Alert Centers, which require the Alert Center Facilitator to live within the area. The Facilitator for the Wright Avenue Alert Center may be dismissed because she has moved outside the area. Mr. Ridley asked that she be given additional time to move within the area. City Manager Charles Nickerson explained that one of the rules is that the Facilitator must be an active member of the community by living within the boundary of the Alert Center. The Facilitator lived within the area when she was hired, but is presently living one block outside the area, and has been unable to find suitable housing within the Alert Center area. Mr. Glen Schwarz, 67 S. Wakefield Drive, submitted a written communication but did not speak during Citizen Communications. He said the curbside contract the Board of Directors approved on June 6, 1995, amounted to levying a recycling tax on the people of Little Rock. He asked the Board of Directors to reconsider its decision for the following reasons: (1) the vote was 7 -4 with one director being unfamiliar with the current collection bin program; (2) the current program has bought additional bins that could expand the volume by 50% with little or no additional cost; and (3) the recycling tax eliminates all responsibility from the manufacturer and retailer for recycling the material they sell, and the entire burden for collection will be born by the taxpayers. Director Keck publicly thanked Dr. Rex Horne and Immanuel Baptist Church for the wonderful prayer meeting held the previous night and challenged other churches throughout the City to do the same thing. 14 134 Minutes June 20, 1995 There being no further business to be presented, the Board of Directors adjourned at 9:00 o'clock P.M. to meet again on Wednesday, July 5, 1995 (rescheduled due to holiday) at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock 15 APPROVED: yor Jim Dailey Minutes June 20, 1995 -L 21 and the Resolution was read in full. There was a motion by Director Adcock, seconded by Director Joyce, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Introduced next was the Consent Agenda, which consisted of the following items: (1) Approval of the Minutes of the Board of Directors regular meeting held May 2, 1995, the reconvened meeting held May 9, 1995, and the revised Minutes of December 20, 1994. (2) The City of Little Rock Firemen's Relief and Pension Fund Financial Statements for the years ended December 31, 1994 and 1993. (To be received and filed.) (3) The City of Little Rock Policemen's Pension and Relief Fund Financial Statements for the years ended December 31, 1994 and 1993. (To be received and filed.) (4) The Little Rock Regional Airport Independent Auditors' Report for the period ending December 31, 1994. (To be received and filed.) (5) The City of Little Rock Comprehensive Annual Financial Report for the fiscal year ended December 31, 1994. (To be received and filed.) (6) Resolution No. 9,415 entitled: A RESOLUTION RENAMING DUNBAR COMMUNITY CENTER TENNIS COURTS TO DR. M. A. JACKSON AND REV. L. H. MYERS TENNIS COURTS. (7) Resolution No. 9,416, with the title being: A RESOLUTION SETTING THE PETITION TO ABANDON AN UNNAMED STREET SOUTH HALF OF THE SOUTHWEST QUARTER NORTH, RANGE 13 WEST IN THE CITY (North of Chenal Parkway and w Subdivision.) (July 5, 1995.) DATE OF HEARING ON THE RIGHT -OF -WAY LOCATED IN THE OF SECTION 31, TOWNSHIP 2 OF LITTLE ROCK, ARKANSAS. est of the St. Charles (8) Resolution No. 9,417, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF PROTECTIVE CLOTHING AND SCOTT SCBA BREATHING APPARATUS REPAIR PARTS FOR THE FIRE DEPARTMENT. (Industrial Rubber & Safety - not to exceed $25,000.) (9) Resolution No. 9,418, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF WEST 6TH STREET, APPIANWAY TO THAYER, A CDBG PROJECT FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Gene Summers Construction Co. - in the amount of $153,000.) (10) Resolution No. 9,419, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HILL, CRAWFORD & LANFORD, INC. TO ACT AS FINANCIAL ADVISOR FOR A WASTE DISPOSAL REVENUE BOND ISSUE, SERIES 1995. 122 Minutes June 20, 1995 (11) Resolution No. 9,420, described as: A RESOLUTION APPOINTING THE FIRM OF MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD AS BOND COUNSEL FOR WASTE DISPOSAL REVENUE BONDS SERIES 1995, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER. (12) Resolution No. 9,421, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS FOR RECONSTRUCTION OF RESERVOIR ROAD FROM TREASURE HILLS ROAD TO NORTH OF RESERVOIR COURT, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (13) Resolution NO. 9,422, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND AND TO ENTER INTO AN ENGINEERING DESIGN CONTRACT WITH BLAYLOCK, THREET, PHILLIPS & ASSOCIATES, INC. FOR RECONSTRUCTION AND UPGRADE OF THE STORM DRAINAGE SYSTEM IN CLOVERDALE SUBDIVISION, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (Allocate $4,000,000; Contract not to exceed $115,321.) (14) Resolution No. 9,423 described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TRI -STAR CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF GEORGIA STREET FROM OHIO TO "L" STREETS, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $357,779.41.) (15) Resolution No. 9,424, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUTURE- LITTLE ROCK INITIATIVE FUNDING AND AWARD CONTRACTS FOR ARCHITECTURAL SERVICES AND CONSTRUCTION AND EXHIBIT DESIGN FOR A NEW MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. (To be located in the Terminal Building on East Markham Street.) (16) Resolution No. 9,425, with the title being: A RESOLUTION OF SUPPORT FOR RELOCATING THE BEACONS SCHOOL INITIATIVE TO SOUTHWEST JUNIOR HIGH SCHOOL, TO DECLARE SUCH SERVICES "PROFESSIONAL SERVICES" PURSUANT TO ACT 429 OF 1995, DIRECTING THE CITY MANAGER TO CONTINUE THE DEVELOPMENT OF AN IMPLEMENTATION PLAN IN PARTNERSHIP WITH THE LITTLE ROCK SCHOOL DISTRICT AND VARIOUS OTHER ORGANIZATIONS; AND FOR OTHER PURPOSES. (17) Resolution No. 9,426, described as: A RESOLUTION TO DIRECT THE CITY ATTORNEY TO FILE A PETITION FOR REHEARING AS AMICUS CURIAE IN FOSTER V. JEFFERSON COUNTY QUORUM COURT BEFORE THE ARKANSAS SUPREME COURT TO URGE THAT THE COURT REHEAR THE CASE AND MODIFY ITS OPINION TO NOTE THAT COUNTYWIDE SALES AND COMPENSATING USE TAXES ARE CONSTITUTIONAL; AND FOR OTHER PURPOSES. (18 ) Appearing on the Agenda as Item 40 which was moved to the Consent Agenda, Resolution No. 9,427, with the titled being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CURRENT AGREEMENT WITH ARKANSAS MUNICIPAL LEAGUE TO PROVIDE WORKERS' COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES FOR A ONE (1) YEAR PERIOD BEGINNING JULY 1, 1995. Upon a motion by Director Sharp, seconded by Director Adcock, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Minutes of the Board of Directors regular meeting held May 2, 1995, the reconvened meeting held May 9, 1995, and the revised Minutes of December 20, 1994, were 3 Minutes June 20, 1995 123 approved as written and distributed to the Board of Directors; (2, 3, 4, 5,) the financial reports of the Firemen's Relief and Pension Fund, the Policemen's Pension and Relief Fund, the Little Rock Regional Airport, and the City of Little Rock Comprehensive Annual Report were received and filed; and (Items 6 17) Resolutions No. 91415, 9 #416, 9,417, 9,418, 9,419, 9,420, 91421, 9,422, 9,423, 9,424, 9,425, 9,426, and 9,427 were read in full and unanimously adopted by the members of the Board of Directors present. Consideration was then given to Item 33 on the Agenda, which was a public hearing on the issuance of Multifamily Housing Refunding Revenue Bonds (Pleasant Woods Project) by the City of Little Rock Residential Housing and Public Facilities Board. The public hearing had been scheduled for this time and place by Resolution No. 9,409, adopted June 6, 1995, and notice thereof published in the Arkansas Democrat Gazette on June 2, 1995. Mayor Dailey declared the public hearing open. There was no one present who wished to speak on the proposal. Mayor Dailey declared the public hearing closed, and Ordinance No. 16,901 was presented, with the title being: AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD OF NOT TO EXCEED $7,500,000 PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (PLEASANT WOODS PROJECT), SERIES 1995; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Adcock and seconded by Director Mason. 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 Director - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce and Adcock, respectively, 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 Director- elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. Introduced next was Zoning Application 2-5978, filed by John Mattingly to rezone property at 5017 Baseline Road from 11R -2" Single- family District to 11C -3" General Commercial District. The reclassification was approved by the Planning Commission on May 16, 1995. Ordinance No. 16,902 was presented, entitled: 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; (2-5978 - To rezone 5017 Baseline Road from 11R -2" Single - family District to 11C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, to suspend the 4 124 Minutes June 20, 1995 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 Mason to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,903, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT TITLED WEST MARKHAM AUTO MALL AMENDED SHORT -FORM PD -C (Z- 2245 -D), LOCATED ON THE SOUTH SIDE OF W. MARKHAM ST., APPROXIMATELY 0.4 MILE WEST OF SHACKLEFORD ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 15,345 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Mason to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, and Sharp - total 9; Noes - None; Abstentions - Mayor Dailey - total 1; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,904, described as: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT TITLED HINSON PARK ADDITION AMENDED SHORT -FORM PD -O (Z- 5105 -A), LOCATED ON THE EAST SIDE OF HINSON LOOP ROAD, APPROXIMATELY 200 FEET SOUTH OF HINSON ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 15,635 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (2- 5105 -A - Hinson Park Amended Short Form PD -O.) and the Ordinance was 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 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 to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being ten in number and two - thirds 5 Minutes June 20, 1995 or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1., Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,905, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED MOORE MORTGAGE CO. SHORT -FORM PLANNED DEVELOPMENT- OFFICE (Z- 5570 -A) , AND LOCATED ON THE NORTH SIDE OF CANTRELL ROAD, APPROXIMATELY 750 FEET EAST OF THE SAM PECK 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; (Z- 5570 -A - Moore Mortgage Co. Short Form Planned Development - Office. ) and the Ordinance was 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 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 to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,906, entitled: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT TITLED LOWE AMENDED SHORT -FORM PD -O (Z- 5745 -A), LOCATED AT 3210 S. BRYANT ST., IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,533 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Z- 5745 -A - Lowe Amended Short Form PD -O.) and the Ordinance was 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 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 to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. 2 126 Minutes June 20, 1995 Consideration was then given to Ordinance No. 16,907, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE ELLIS MOUNTAIN AND I -430 DISTRICT, WEST OF I -430 AND SOUTH OF KANIS ROAD, RECLASSIFYING PROPOSED LAND USES, AND FOR OTHER MATTERS; and the Ordinance was 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 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 to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,908, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED BRODIE CREEK COMMUNITY CONCEPTUAL LONG -FORM PLANNED RESIDENTIAL DEVELOPMENT (Z- 5963), AND LOCATED ON THE WEST SIDE OF BOWMAN ROAD, WITH FRONTAGE ON BOWMAN ROAD BETWEEN PANTHER BRANCH CREEK AND OLDS LANE, EXTENDING WEST TO SPRING VALLEY AND NORTH TO KANIS ROAD, WITH FRONTAGE ON KANIS ROAD BETWEEN THE COOPER ORBIT ROAD INTERSECTION AND THE ASBURY 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; (Z -5963 - Brodie Creek Community Conceptual Long -Form Planned Residential Development.) and the Ordinance was 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 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 to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,909, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR VARIANCES FROM STREET WIDTH REQUIREMENTS AND A WAIVER OF THE SIDEWALK REQUIREMENTS FOR BRODIE CREEK COMMUNITY CONCEPTUAL LONG -FORM PRD (Z- 5963), LOCATED ON THE WEST SIDE OF BOWMAN ROAD, EXTENDING WEST TO SPRING VALLEY AND NORTH TO KANIS ROAD, LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by 7 Minutes June 20, 1995 127 Director Adcock, seconded by Director Hinton, 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 Mason to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 161910, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT TITLED BRODIE CREEK COMMUNITY EAST NEIGHBORHOOD AMENDED LONG -FORM PRD (Z- 5963 -A), LOCATED ON THE WEST SIDE OF BOWMAN ROAD, WITH FRONTAGE ON BOWMAN ROAD BETWEEN PANTHER BRANCH CREEK AND OLDS LANE, EXTENDING WEST APPROXIMATELY 1/2 MILE, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,908 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Hinton, 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 Mason to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce 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 Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick, Sharp and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was declared PASSED. Item No. 18 on the Agenda was the third reading of an Ordinance approving modifications to a Planned Unit Development entitled Mid - America Center Amended Short -form PRD (Z- 4985 -C). (See Minutes of 2- 21 -95; 3 -7 -95, 4 -4 -95 and 4- 18 -95.) Mr. Jim Lawson, Director of Neighborhoods and Planning, made the staff presentation, giving a brief history of the zoning case. He noted that the applicant, Mr. Fred Rodgers, requested a PRD for continued use as a child day care center plus use for an emergency residential care facility for young persons between the ages of 3 and 17. The neighborhood objected to the youth services facility. After meeting with the neighborhood, the applicant changed his request to delete the youth services facility but to include certain uses from 110-1" Quiet Office District and "C -1" Neighborhood Commercial District. Staff reviewed the list and negotiated with the applicant to arrive at a list of uses which staff could support. At the April 18, 1995 Board of Directors meeting, the Board referred the request back to the Planning Commission. The Planning Commission reviewed the request on May 16, 1995, and reaffirmed its action of 1 -10 -95 to permit a child day care facility and a youth residential care facility plus the amended list of office and commercial uses. Mr. John Lewellen, 1922 Wolfe Street, representing the 8 We Minutes June 20, 1995 neighborhood, spoke in opposition to the 66 bed, 24 hour residential facility for adjudicated youth. However, if the language in the Ordinance could be amended to restrict the use to those items contained in the list as stated by Mr. Lawson, then the neighborhood would be willing to work with the applicant. At the request of the Board, Mr. Lawson read the list of permitted uses agreed to by Mr. Rodgers and the Planning Staff: church, clinic (medical, dental or optical), community welfare or health center, convent or monastery, day nursery or day care center, lodge or fraternal organization, nursing home or convalescent home, office (general or professional), photography studio, private school, kindergarten or institution for special education, school (business), school (public or denominational) studio (art, music, speech, drama, dance), barber and beauty shop. Mr. Lewellen said he could support the application restricted to that list of uses. Mr. John Phillips, 2400 Wolfe Street, said he didn't think the group totally agreed on those things, but would like to know the specific use. City Attorney Tom Carpenter expressed concern and reminded the Board this is a land use decision and not a contract decision. The question is, within that area, which of those uses meet the zoning goals the Board has set for its planned developments? Mr. A. c. Mitchell also spoke in opposition, stating Mr. Rodgers said he had met with the Neighborhood Association, but the Neighborhood Association and the neighbors are two different groups and Mr. Rodgers has not met with the neighbors within the surrounding area. Following the lengthy discussion, there was a motion by Director Hinton, seconded by Director Adcock, to defer the third reading of the Ordinance until the next meeting (July 5, 1995). The motion failed by the following roll call vote: Ayes - Directors Kumpuris, Adcock, Hinton, Sharp and Mayor Dailey - total 5; Noes - Directors Mason, Wilson, Keck, Joyce and Wyrick - total 5; Absent - Director Hodges - total 1. At the suggestion of Director Keck, the applicant and the residents moved to the Conference Room to try to work out an agreement. Director Wilson and staff members met with the group. (See Ordinance No. 16,919 on page 14.) The next presentation was Ordinance No. 16,911, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED DONAHUE SHORT -FORM PLANNED RESIDENTIAL DEVELOPMENT (Z- 5964), AND LOCATED ON THE NORTH SIDE OF SIMPSON STREET, NORTH OF THE MILBURN LN. 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; (Z -5964 - Donahue Short -Form PRD located on Simpson Street north of the Milburn Lane Intersection.) and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck 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 Sharp, seconded by Director Hinton, to again suspend the rules to provide for the third and final reading of the Ordinance. 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, Wyrick, Sharp, and Mayor Dailey - total 9; Noes - None; Absent Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED.