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04-01-97•gym Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 1, 1997 - 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 Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuri s, Kelly, and Adcock - total 10; Absent - None. With a quorum in attendance, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Kumpuris, followed by the Pledge of Allegiance. Director Cazort introduced the Rockefeller Intermediate Show Choir which will have the honor of singing at Carnegie Hall in New York City in two weeks. He read a Certificate which made the choir members ambassadors of the City of Little Rock, and presented each child with a "Big on Little Rock" T -shirt. Choir Director Mrs. I. J. Routon then directed the choir in singing for the Board of Directors. Mayor Dailey recognized Boy Scouts from Troop 12 and Troop 55. Mayor Dailey presented All- American football player Keith Jackson with the Hometown Hero Award and read a proclamation which proclaimed April 1, 1997, as Keith Jackson Day in the City of Little Rock. Mr. Jackson created the Positive Atmosphere Reaches Kids (PARK) Program for at -risk kids in Little Rock. Vice Mayor Keck announced the Neighborhood Emergency Preparedness Program training session scheduled for May 17, 1997 at UALR. This is a partnership between the Central Arkansas Chapter of the American Red Cross, St. Vincent Infirmary Medical Center, the University of Arkansas at Little Rock, and the City of Little Rock. It is a program of CPR/first aid training for citizens to respond to emergency situations such as the March 1, 1997 tornado disaster. Mr. Rick Greenwell of St. Vincent; Bryan Chase of the Red Cross, and Sherryl Chapman of UALR were introduced and spoke briefly. Director Hinton introduced speakers making a presentation regarding the Little Rock Midtown Collaborative. Mr. Muata Chikwendu, Coordinator of the Midtown Collaborative, and Dr. Mary B. Gunter, Director of the Governor's Partnership for Children and Families (a collaborative partnership for health, education, and human services), briefly explained the program and its involvement with the implementation of Welfare Reform. Mr. Bryan Day, Assistant Director of Parks and Recreation, (formerly in the City Manager's Office) gave a brief legislative update. Mayor Dailey asked that at the next meeting City Attorney Tom Carpenter and City Manager Charles Nickerson outline for the Board what it would be up against in pursuing tax increment financing. Consideration was then given to the Consent Agenda, which consisted of the following items: (1) A proposed Resolution expressing the willingness of the City to require as a condition of right -of -way abandonment of a portion of Hermitage Road lying west of Autumn Road, remuneration to Elizabeth Fields Williams, Trustee, and Southwest Restaurants, Inc. c/o Tom Flores, from petitioner requesting closures was removed from the Agenda by City Manager Charles Nickerson. 1 Minutes April 1, 1997 S'99 Introduced next was Resolution No. 9,952, with the title being: A RESOLUTION APPROVING THE 1998 TRANSPORTATION IMPROVEMENT PROGRAM. (University Avenue - West 12th Street to West 19th Street; Bowman Road - Hermitage to Kanis Road; Downtown Congestion Mitigation; Pedestrian and Bikeway Link for River Parks; Rebsamen Resource Center.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Cazort and the Resolution was adopted unanimously. Consideration was then given to Resolution No. 9,953, entitled: A RESOLUTION APPOINTING THE FIRM OF WRIGHT, LINDSEY & JENNINGS AS BOND COUNSEL FOR THE PROPOSED $7,000,000 PARKS AND RECREATION /ZOO REVENUE BONDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce, and the Resolution was unanimously adopted. (Director Hodges wanted to "make sure we have a comprehensive plan so that we know precisely what is going to be done with the money. Don't do anything with any of the Zoo money until this Board has reviewed all of the plans and affirmed what is to be done.') The next presentation was Ordinance No. 17,453. described as: AN ORDINANCE DECLARING THE 1999 SISTER CITIES INTERNATIONAL CONFERENCE COORDINATOR A PROFESSIONAL SERVICE; and the third and last reading of the Ordinance ensued, with the first and second readings ® having occurred on March 18, 1997. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,454, entitled; AN ORDINANCE TO DESIGNATE FINANCIAL ADVISOR, INVESTMENT MANAGER, AND ACTUARIAL SERVICES AS PROFESSIONAL SERVICES, PURSUANT TO AUTHORITY GRANTED IN ACT 429 OF 1995; and the Ordinance was read the second time, having been read the first time on March 18, 1997. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. And the Ordinance was read the third and last time. The motion received unanimous adoption by the Board Members present, being eleven 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 is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,455, described as: AN ORDINANCE TO MAKE IT UNLAWFUL TO TAKE GROCERY CARTS FROM THE STORES WHICH OFFER THEM AS A CONVENIENCE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; 10 700 Minutes April 1, 1997 and the Ordinance was read the first time. There was a motion by Director Adcock, 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 eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Hinton and Adcock, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Item 28 on the Agenda was a proposed discussion of the City payroll computation. City Manager Charles Nickerson said the auditor was not present and asked that the discussion be deferred until the Agenda Meeting on April 8, 1997. Added to the Agenda at the request of Director Adcock (see motion on page 3) was a proposed Ordinance entitled: AN ORDINANCE APPROPRIATING $22,000 FROM THE ECONOMIC DEVELOPMENT FUND TO PROVIDE FUNDING TO THE ARKANSAS STATE POLICE FITNESS EQUIPMENT; 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 eleven in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. Director Keck wanted to know if there were other options besides the Economic Development Fund. A roll call vote was taken on the motion as follows: Ayes - Directors Kelly, Adcock, Wilson, Hinton, Joyce, Wyrick and Mayor Dailey - total 7; Noes - Directors Kumpuris, Hodges, Cazort and Keck - total 4. Having failed to receive the required eight votes to suspend the rules, the Ordinance was left on the calendar for third reading at the reconvened meeting on April 8, 1997. There being no further business to be presented, the Board of Directors recessed at 9:45 o'clock P.M. to reconvene on Tuesday, April 8, 1997, at 4:00 o'clock P.M to discuss financial assistance for the Rockefeller Choir's trip to New York and to consider the Ordinance appropriating $22,000 for the Arkansas State Police fitness equipment. ATTEST: City Clerk Robbie Hancock 11 5 ayor ED: OV Jim Dailey Minutes April 1, 1997 691. (2). Resolution No. 9,945, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO F & F SUPPLY FOR PROTECTIVE FIRE FIGHTING CLOTHING FOR THE LITTLE ROCK FIRE DEPARTMENT. (Not to exceed $70,242.) (3) Resolution No. 9,946, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO ALESSI KEYES FOR CONSTRUCTION OF A FUEL STATION AND EQUIPMENT WASH AT THE SOLID WASTE FACILITY. (Not to exceed $817,038) (4) Resolution No. 9,947, described as: A RESOLUTION DESIGNATING ACCOUNTING FOR DEPARTMENT OF PUBLIC WORKS PARKING ENFORCEMENT INCOME. (5) Resolution No. 9,948, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT TO QUALITY SECURITY SERVICE TO PROVIDE SECURITY SERVICE FOR THE FLEET SERVICE FACILITY. (6) Resolution No. 9,949, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UALR FOR WORK IN CONNECTION WITH THE "OAK FOREST INITIATIVE ", TO IMPROVE HOUSING IN THE GENERAL AREA OF 28TH STREET BETWEEN BOULEVARD AND HARRISON STREETS. (7) Resolution No. 9,950, entitled: A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK. (Koch Materials - 601 Shamburgr Lane; Levi - Strauss - 15000 Panatella Parkway; Sharper Image - 2200 E. 145th; Siemens Energy & Automation, Inc. - 14000 Dineen Drive; and Wildwood Park - 20919 Denny Road.) (7 -A) Added to the Consent Agenda, upon a motion and second by Directors Joyce and Kumpuris, was Resolution No. 9,951, described as: A RESOLUTION TO AUTHORIZE THE CITY TO OPEN A 401(A) RETIREMENT ACCOUNT FOR THE CITY OF LITTLE ROCK; TO PERMIT THE CITY ATTORNEY TO PARTICIPATE IN SUCH A PLAN; AND FOR OTHER PURPOSES. (8) Added to Consent Agenda was a motion to set the date for a public hearing on April 15th, 1997, on the appeal of the Planning Commission's denial of a Planned Unit Development titled United Methodist Foundation of Arkansas PD -O (Z- 6249), located at the northwest corner of Harrison and Evergreen Streets. Upon a motion by Director Adcock, which was seconded by Director Cazort and unanimously adopted, the Consent Agenda was dispensed with as follows: (2, 3, 4, 5, 6, 7, 7A and 8) Resolution Nos. 9,945, 9,946, 9,947, 9,948, 9,949, 9,950 and 9,951 were read in full and unanimously adopted; and the motion to set the date for a public hearing 2 _1_\ • Minutes April 1, 1997 for United Methodist Foundation of Arkansas PD -O was unanimously adopted. (Note: Director Kumpuris abstained on Item No. 8 - re: United Methodist Foundation.) Director Cazort asked the City Manager to find funds in the amount of $3,000 to assist in financing the trip to New York by Rockefeller Choir and that the Board reconvene on Tuesday, April 8, 1997 to consider that matter. Director Adcock moved to add to the Agenda an Ordinance appropriating $22,000 for fitness equipment for the Arkansas State Police Headquarters. The motion was seconded by Director Hinton, and unanimously adopted. (See proposed Ordinance at end of meeting.) At the time allotted for Citizen Communications, the first speaker was Mrs. Genevieve Stewart, a member of the Little Rock New Party. She said the police accountability report card is what the City of Little Rock needs. She asked the Board of Directors to see that the police force is accountable to the citizens. The next speaker under Citizen Communications was Ms. Bobbie Turner, a member of the Little Rock New Party, who also spoke on the issue of accountability in government, specifically the issue of accountability of the Police Department. The New Party recommends the adoption of a Police Accountability Report Card with detailed information as follows: (1) incidents of police weapon discharge; (2) incidents of the use of physical force by police; (3) disciplinary trends in the LRPD; (4) complaint trends in the LRPD; (5) employment trends in the LRPD; and (6) lawsuits against the LRPD. Mr. Jim Lynch, another member of the Little Rock New Party, also addressed the Board during Citizen Communications regarding police accountability. He referred to the Schiller Street shootings that occurred on January 1, 1997, which was 90 days ago, and the families of Mr. Harris and Mr. McFadden have no idea of what happened. No one knows what happened. Mayor Dailey asked City Manager Charles Nickerson to provide a report on Thursday on the status of the investigation of the shootings. The last speaker under Citizen Communications was Mr. Jerome Tramble, 49 South Wakefield Drive, who spoke about water damage to his home due to stopped up drainage at the rear of his house. His house has been flooded three times, but his insurance will not pay because the water came from the outside. He asked for assistance from the City of Little Rock in paying for the water damage to his home. (Director Hodges was excused at 7:35 o'clock P.M.) A public hearing had been scheduled for this time and place upon a motion adopted on March 18, 1997, on the appeal of the Planning Commission's approval of a Conditional Use Permit for Pankey New Life Community Center (Z- 6257), located at 13450 Cantrell Road. The appeal was filed by Mrs. Selma Miller Douglas. At 7:35 o'clock P.M. Mayor Dailey declared the public hearing open. Mr. Jim Lawson, Director of Planning and Development, gave a brief review of the issue. He said there was a debate in the community as to whether the Community Center should be built and how it should be built, and there is some concern about the amount of land. From a planning standpoint, he felt the Planning Commission's decision should be upheld. Mrs. Selma Miller Douglas said there is a lot of confusion. "Michael Drake /CAN -DO wants to put the building on this small piece of land. We intend to put it on Mrs. Pankey's property." She then read a letter that she had filed in the City Clerk's Office on March 12, 1997 with her appeal. She said the property at 13450 Cantrell Road is not large enough for a multi- purpose building, and that Barbara Douglas' New Life Center has had five years to get some type of building on this property; however, no building has been built. Now the neighborhood wants to build the Josephine Pankey Educational Center on Mrs. Pankey's property. Mrs. Selma Douglas displayed plans for the smaller Educational Center that she said the majority of the residents want, and most of the materials and labor will be donated. She urged the Board of Directors to reverse the Planning Commission approval of the Conditional Use Permit. Also speaking in opposition to the Conditional Use Permit were Mrs. Vickie Gray, Mrs. Henrietta Kelley, Mrs. Samella Miller, Elvin 3 Minutes April 1, 1997 393 Miller, Archie Bowen, and Printice Miller. Speaking in support of the Conditional Use Permit were Mrs. Barbara Douglas, Ed Levy (architect), and Michael Drake (CAN -DO). Mrs. Barbara Douglas gave a brief history of Pankey and the plans for the proposed Pankey New Life Community Center. Mr. Levy displayed drawings and explained Phases I, II, and II of the facility. Mr. Drake explained the origin of CAN -DO (Churches Alive for Neighborhoods Devoted to Overcoming Obstacles) which was formed in the 1970's by Second Presbyterian Church, St. Michael's Episcopal Church and Christ the King Catholic Church which began outreach ministries in the Pankey Community. Mr. Drake explained that the improvements would be financed by contributions from the churches of material and manpower. A partnership would be formed to solicit funds for operation of the facility. Mayor Dailey declared the public hearing closed at 8:25 o'clock P.M. No action was taken on the proposed Resolution titled: 'A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT (Z -6257) FOR A COMMUNITY CENTER TO BE LOCATED ON THE NORTH SIDE OF CANTRELL ROAD, BETWEEN HARRIS AND JOSEPHINE STREETS.' Therefore, the Planning Commission's action was sustained. Introduced next was Ordinance No. 17,441 entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR JOSEPHINE STREET AND ARNOLD STREET FOR PANKEY NEW LIFE COMMUNITY CENTER (Z -6257) LOCATED AT 13450 CANTRELL ROAD; 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 eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Joyce, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At 8:28 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:45 o'clock P.M., Mayor Dailey presided and all Directors were present. Consideration was then given to Zoning Application Z -6245 filed by Travis Meyer to rezone property located at 13924 Kanis Road from "R -2" Single - Family District to "C -1" Neighborhood Commercial District. The reclassification was approved by the Planning Commission on February 20, 1997. No one was present to speak in opposition to the rezoning and Ordinance No. 17,442 was presented, 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 -6245 - To rezone property at 13924 Kanis Road from "R -2" Single - Family District to "C -1" Neighborhood Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 4 Minutes April 1, 1997 eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -6255 to rezone 2.3 acres at the southwest corner of Autumn and Hermitage Roads (900 Autumn Road) from "R -2" Single Family District to "C -3" General Commercial District, was the next presentation. The application was filed by Robert M. Brown on behalf of Elizabeth Fields Williams Trust, Lana Elice Williams Trust, and Windy Nichole Williams Trust, and the reclassification was approved by the Planning Commission on February 20, 1997. No one was present to speak in opposition to the reclassification and Ordinance No. 17, 443 was introduced; 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; (Z -6255 - To rezone 2.3 acres at the southwest corner of Autumn and Hermitage Roads (900 Autumn Road) from "R -2" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,444, described as: AN ORDINANCE PROVIDING FOR A WAIVER OF DRIVEWAY SPACING PROVISIONS OF CHAPTER 30 OF THE CODE OF ORDINANCES FOR HERMITAGE COMMERCIAL CENTER (Z- 6255 -A) LOCATED AT THE SOUTHWEST CORNER OF AUTUMN AND HERMITAGE ROADS; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: 5 Minutes April 1, 1997 Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6258, filed by Joe D. White, Jr. on behalf of Eleanor B. Karam, to rezone 4.0 acres at 17815 Cantrell Road from "R -2" Single - Family District to "C -3" General Commercial District. The reclassification was approved by the Planning Commission on March 6, 1997. No one was present to speak in opposition to the rezoning and Ordinance No. 17,445 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (Z -6258 - To rezone 4.0 acres at 17815 Cantrell Road from "R -2" Single - Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,446, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 15,347 AND PROVIDING FOR MODIFICATION OF THE USE GROUP PERMITTED AND EXPANSION OF A USE; TITLED "MAURY MITCHELL, SHORT -FORM PCD ", (Z- 4066 -C) 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; (11601 W. Markham St.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. n e • l Minutes April 1, 1997 Ordinance No. 17,447 was then introduced, with the title being; AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF THE SIDEWALK REQUIREMENTS FOR PRO WINDOW AND DOOR, INC. LOCATED ON BLOCK 6 OF DICKINSON MILL ADDITION TO THE CITY OF LITTLE ROCK; (3007 S. Elm St.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,448, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR PRO WINDOW AND DOOR, INC., LOCATED ON BLOCK 6 OF DICKINSON MILL ADDITION TO THE CITY OF LITTLE ROCK; (3007 S. Elm St) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors . Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,449, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET REQUIREMENTS FOR PRO WINDOW AND DOOR, INC. LOCATED ON BLOCK 6 OF DICKINSON MILL ADDITION TO THE CITY OF LITTLE ROCK; (3007 S. Elm St.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the 7 Minutes April 1, 1997 697 members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 17,450, was introduced, 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 STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Keck, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,451, with the title being: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 17,336 (THE CITY OF LITTLE ROCK 1997 BUDGET ORDINANCE) TO INCREASE SECTION 3 - AGENCY SUPPORT AND OTHER COMMITMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Various Prevention, Intervention and Treatment (PIT) Programs.) and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Keck and Adcock, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. M. •�i Minutes April 1, 1997 Item 20 on the Agenda was a proposed Ordinance on third reading, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR SCHOOL FLASHER SIGNALS. Director Adcock asked for a deferral of the Ordinance because she is working with the School Board to give them an opportunity to become a partner with the City. (See Minutes of February 18, 1997 and March 18, 1997 for first and second readings of the Ordinance.) City Attorney Tom Carpenter suggested that the Ordinance be removed from the Agenda until such time as it is ready. Director Keck then moved to remove the proposed Ordinance from the Agenda. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the proposed Ordinance was removed from the Agenda. Ordinance No. 17,452, was then presented with the titled being: AN ORDINANCE APPROPRIATING $908,000 FROM THE INFRASTRUCTURE FUND FOR DESIGN, RIGHT -OF -WAY ACQUISITION AND CONSTRUCTION OF TIP PROJECTS FOR THE PUBLIC WORKS DEPARTMENT; (TIP projects: Kanis Road - I -430 to Michael Dr.; Fair Park Blvd. - 30th to Asher Avenue; Hinson Road sidewalk; University - Park Plaza to W. 12th; Fair Park Blvd. - I -630 to W. 12th; University - 29th St. to Asher Ave.; Rodney Parham - Hinson to Woodland Hgts.; Napa Valley - Hinson to St. Charles; Chicot Road - Mabelvale Cut -off to Yarberry.) and the Ordinance was read the first time. Public Works Director Chandra Russell made a staff presentation, stating that if the City does not make a commitment to fund the local match on the projects through completion, then the City will be responsible for reimbursement of 100% of all the projects underway. The City's portion is $908,000 which will leverage $2,136,000 in federal funds. The TIP Program is a very worthwhile program and leverages 80% federal funds and has a significant impact on the infrastructure backlog needs. She then responded to questions by the Board. Director Hodges noted that it appears the City will get some relief from the State of Arkansas under the Revenue Bond Act Amendment. He wanted the Board to come up with some creative thinking of how the City can utilize the Revenue Bond Issue to leverage the funds for infrastructure just as we did for the Zoo. Director Kumpuris asked City Manager Charles Nickerson to have Grant Writer Susan Torans made a presentation at the next meeting on how she can help the City get matching funds. Speaking in opposition were Mr. Clifton Galyean, 17 Caylor Lane, and Mr. Joseph W. (Jay) Riba, 10925 Legion Hut Road. Mr. Galyean said the problem on Caylor Lane/Eva Lane has not been resolved and he was opposed to spending money on other projects until the Caylor Lane project is completed. Mr. Riba, President of the Legion Hut Neighborhood Association, was opposed to the Ordinance because there are a lot of needs in the southwest part of the City that need to be funded. He referred to flooding from Little Fourche Creek. There was a motion by Director Keck, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Cazort and Joyce, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Kumpuris, Kelly, Wilson, Hinton, Hodges, Cazort, Keck, Joyce and Mayor Dailey - total - 9; Noes - Directors Wyrick and Adcock - total 2; Absent - None. Whereupon, the Ordinance was declared PASSED. 9