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04-15-97703 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 15, 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, Keck, Wyrick, Kumpuris, Kelly and Adcock - total 8; Absent - Directors Cazort and Joyce - total 2. 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 Kelly, followed by the Pledge of Allegiance. Mr. Charles Scott of New Appointed Generation Youth Explosion, and Richard Jackson, founder and president, presented a plaque to Bill Bunten, Director of Parks and Recreation, and his staff in appreciation for the support given to various activities of New Appointed Generation and for refurbishing South Side Park. The first presentation was the Consent Agenda consisting of the following items: (1) Approval of the Minutes of the Board of Directors regular meeting held June 4, 1996, the reconvened meeting held June 11, 1996, the regular meeting held June 18, 1996, and the reconvened meeting held June 25, 1996. (2) A motion to note receipt of the West Markham Corridor Study. (3) Resolution No. 9,954, with the title being: -- A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE WEST MARKHAM STREET EXTENSION BETWEEN GAMBLE ROAD AND TRACT 9, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (May 6, 1997.) (4) Resolution No. 9,955, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND ENTER INTO A CONTRACT WITH JOHN WRIGHT CONSTRUCTION COMPANY FOR CONSTRUCTION OF AN AFFORDABLE HOME AT 1100 PARK STREET FOR THE DEPARTMENT OF HOUSING & NEIGHBORHOOD PROGRAMS. (Not to exceed $56,500) (5) 'Resolution No. 9,956, entitled; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND ENTER INTO A CONTRACT WITH PHILLIPS CONSTRUCTION COMPANY FOR CONSTRUCTION OF AN AFFORDABLE HOME AT 617 EAST 21ST STREET FOR THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS. (Not to exceed $52,880.) (6) Resolution No. 9,957 described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER IN AN AGREEMENT WITH RICHARD STEPHENS & ASSOCIATES FOR APPRAISAL SERVICES FOR THE METROCENTRE MALL PARKING DECK AND THE ASSOCIATED SQUARE BLOCK OF LAND DESCRIBED AS LOTS 1 -12, BLOCK 3, ORIGINAL CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS. (North Parking Deck - 2nd and Main Streets.) 1 712 Minutes April 15, 1997 which is ridiculous. Their proposal is that a committee of City Board Members meet regularly to examine Police Department issues. The Police Chief would compile and submit to the committee the statistics about police use of weapons and physical force. The last speaker during Citizen Communications was Mrs. Genevieve Stewart, a member of ACORN. Mrs. Stewart expressed concerns about the Arkansas Fair Housing bid. She was concerned about the fact that the bid has been delayed or sabotaged by City Staff. She said the Arkansas ACORN Fair Housing won the bid on two separate occasions. She asked five questions: (1) What is the current status of this bid? (2) Did Mr. Nickerson and Mr. Hunter not personally grade the bid and unanimously choose ACORN Fair Housing? (3) Why has no one been notified about the problem with the bid other than the competitors who were encouraged by City staff to complain to HUD? (4) Why was Arkansas ACORN never informed about this problem; and (5) Why have we been waiting for more than three months for answers from the City Manager's Office? Mayor Dailey asked City Manager Charles Nickerson to provide a report to the Board and to Mrs. Stewart. Consideration was then given to the three items listed on Addendum No. 2 to the Agenda, with the first one being Resolution No. 9,964, entitled: A RESOLUTION OF INTENT TO APPOINT WALLY ALLEN TO THE LITTLE ROCK ADVERTISING & PROMOTION COMMISSION AND TO ALLOW HIM A THIRD TERM; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Kumpuris, and the Resolution was unanimously adopted by the Board Members present. The next presentation was a proposed Resolution requested by Director Wilson, described as: A RESOLUTION OF THE BOARD OF DIRECTORS THAT DIRECTS ALL BOARD MEMBERS AND CITY DEPARTMENTS TO CONTACT THE LOCAL WARD REPRESENTATIVE PRIOR TO APPEARING AT OR SCHEDULING AN EVENT WITHIN THE WARD; AND FOR OTHER PURPOSES. Mayor Dailey proposed to handle this issue administratively rather than trying to legislate it, and read the memo he had written and distributed to the Board of Directors. After a brief discussion in which some Board Members stated they didn't have time to notify every Board Member of every meeting, Director Wilson moved for adoption of the Resolution. The motion was seconded by Director Keck. A roll call vote was taken on adoption of the Resolution as follows: Ayes - Directors Wilson, Hinton, and Keck - total 3; Noes - Directors Kelly, Adcock, Hodges, Cazort, Wyrick, Kumpuris and Mayor Dailey - total 7; Absent - Director Joyce - total 1. Whereupon, Mayor Dailey announced that the Resolution had FAILED. Item No. 3 on the Addendum was Ordinance No. 17,467, described as: AN ORDINANCE TO APPROPRIATE $67,000 TO PAY FOR LITIGATION EXPENSES AND SETTLEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY FOR THE RIVER MARKET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Caldarera property - Lots 10 and I1, Block 1, Pope's Addition.) and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten 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 Kumpuris, respectively, to further suspend the rules and place 10 Minutes April 15, 1997 713 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, 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 Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Wyrick was excused at 8:45 o'clock P.M. due to a conflict of interest in Resolution No. 9,965, because she owns property in the area.) Consideration was then given to Resolution No. 9,965 (see Addendum), described as: A RESOLUTION AMENDING LITTLE ROCK, ARK., RESOLUTION NO. 9,952 (APRIL 1, 1997) TO ADD ADDITIONAL PROJECTS TO THE 1998 TRANSPORTATION IMPROVEMENT PROGRAM (TIP). (Amended to include Geyer Springs Road and South Loop Road.) Following the reading of the Resolution, there was a motion by Director Keck to adopt the Resolution. The motion was seconded by Director Hodges, and the Resolution was unanimously adopted by the Board Members present. Introduced next was Resolution No. 9,966, with the title being: A RESOLUTION TO ASK THAT ALL MUNICIPAL BOARDS AND COMMISSIONS PRECLUDE LEGAL COUNSEL FROM ACCEPTING CASES WITH INTERESTS ADVERSE TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. Following the reading of the Resolution, there was a motion by Director Keck to adopt the Resolution. The motion was seconded by Director Hodges, and the Resolution was unanimously adopted by the Board Members present. The last presentation was Resolution No. 9,967, entitled: A RESOLUTION TO DIRECT THE CITY ATTORNEY TO SEEK DISQUALIFICATION OF ANY ATTORNEY WHO REPRESENTS AN INTEREST ADVERSE TO THE CITY WHILE ALSO REPRESENTING A CITY BOARD OF COMMISSION; AND FOR OTHER PURPOSES. Following the reading of the Resolution, there was a motion by Director Keck to adopt the Resolution. The motion was seconded by Director Hodges, and the Resolution was unanimously adopted by the Board Members present. (Director Wyrick re- enrolled at 8:45 o'clock P.M.) Director Hodges questioned the Municipal Airport Funding Report regarding a check written to the Chenal Country Club for dues and subscriptions and asked City Manager Charles Nickerson to find out what that is. City Manager Charles Nickerson announced that the Public Works Annual Report is available to citizens. 11 714 Minutes April 15, 1997 There being no further business to be considered, the Board of Directors adjourned at 8:55 o'clock P.M. to meet again in regular session at on Tuesday, May 6, 1997 at 6:00 o'clock P.M. ATTEST: aOJU4;-, q City Clerk Robbie Hancock 12 APPROVED ayor Jim Dailey 704 Minutes April 15, 1997 (7) Resolution No. 9,958, with the title being; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING DESIGN SERVICES CONTRACT WITH CARTER AND BURGESS, INC. FOR UNIVERSITY AVENUE FROM PARK PLAZA DR. TO WEST 12TH STREET. (Not to exceed $243,596.) (8) NQ1gj Resolution was removed from Consent Agenda at the request of Director Kelly. (See Resolution No 9,959 below) (9) A proposed Resolution entitled "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO PANKEY NEW LIFE, INC. TO PROVIDE PREVENTION AND INTERVENTION SERVICES FOR WEST LITTLE ROCK" was withdrawn from the Agenda by City Manager Charles Nickerson. Upon a motion by Director Adcock, which was seconded by Director Hinton and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of the Board of Directors regular meeting held June 4, 1996, the reconvened meeting held June 11, 1996, the regular meeting held June 18, 1996, and the reconvened meeting held June 25, 1996 were approved as written and distributed to the Board of Directors; (2) the motion to note receipt of the West Markham Corridor Study was adopted; and (3, 4, 5, 6, and 7); Resolutions No. 9,954, 9,955, 9,956, 9,957, and 9558 were read and unanimously adopted. (Note: Item No. 8 was removed from the Consent Agenda and Item 9 was withdrawn.) The next presentation was Resolution No. 9,959 (Item 8 above) entitled: A RESOLUTION APPOINTING THE FIRM OF WRIGHT, LINDSEY & JENNINGS AS BOND COUNSEL FOR THE PROPOSED $3,175,000 PARKING SYSTEM REVENUE BONDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER. Following the reading of the Resolution, Assistant City Manager Cy Carney and Finance Director Harold Boldt responded to Director Kelly's concerns about the amount of the Bond Project, the need for the feasibility study, and the capitalized interest. Director Adcock then moved for the adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted by the Board Members present. Consideration was then given to Ordinance No. 17, 457, entitled; AN ORDINANCE TO AMEND THE CITY LAND USE PLAN NARRATIVE (16,222) IN THE GEYER SPRINGS WEST DISTRICT, TO REFLECT AMENDMENTS TO THE LAND USE PLAN IN THE CLOVERDALE/WATSON SCHOOLS NEIGHBORHOOD AREA; 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 nine 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 Hinton, 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 nine 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 Kelly, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris and Mayor Dailey. - total 9; Noes - None; Absent - Directors Cazort and Joyce - total 2. Whereupon, the Ordinance was declared PASSED. 2 Minutes April 15, 1997 " Introduced next was Ordinance No. 17,458, described as; AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE PINNACLE AND CHENAL DISTRICTS, NORTH OF CHENONCEAU BLVD., FROM SINGLE FAMILY, OFFICE AND EXISTING BUSINESS TO MULTIFAMILY, PUBLIC, SUBURBAN OFFICE AND PARK/OPEN SPACE AND FOR OTHER MATTERS; 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 nine 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 Hinton, 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 nine 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 Kelly, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris and Mayor Dailey. - total 9; Noes - None; Absent - Directors Cazort and Joyce - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance 17,459, with the title being; AN ORDINANCE TO AMEND THE RIVER MARKET DESIGN OVERLAY DISTRICT GUIDELINES (ORDINANCE NO. 17,240) AND FOR OTHER MATTERS; (To allow "shoebox" type lighting fixtures to be used on interior areas of parking lots and to correct minor errors.) 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 nine 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 Hinton, 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 nine 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 Kelly, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris and Mayor Dailey. - total 9; Noes - None; Absent - Directors Cazort and Joyce - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,460, entitled: AN ORDINANCE APPROPRIATING $150,000 FOR TWO NEW TENNIS COURTS AND RELATED IMPROVEMENTS AT REBSAMEN TENNIS CENTER; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS FOR CONSTRUCTION OF THE TENNIS COURTS; 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 nine 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 Hinton, 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 nine 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: 3 Minutes April 15, 1997 Ayes - Directors Kelly, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris and Mayor Dailey. - total 9; Noes - None; Absent - Directors Cazort and Joyce - total 2. Whereupon, the Ordinance was declared PASSED. Resolution No. 9,960 was then presented, with the title being: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO ALLOW A NEW RESIDENTIAL SUBDIVISION TITLED BERTA REPLAT LOCATED AT THE NORTHEAST CORNER OF ASBURY ROAD AND KANIS ROAD ACCESS TO KANIS ROAD. Following the reading of the Resolution, the applicant, Mr. Robert Hawkins, stated that in September, 1996 he filed an application to divide his 2.76 acre tract into two lots so that his daughter could build a house on Lot 1. Public Works recommended that Lot 1 be denied access onto Kanis Road. Instead, Public Works proposed that Lot 2 give a 20 ft. easement on the north end of the lot for a driveway from Asbury Road which would go across the north side of Lot 1 and down the east property line to the new residence which would make the driveway approximately 525 feet long. Mr. Hawkins offered to close one of the two driveways on Lot 2 and move it to Lot 1. There were circular driveways when he moved there in 1965. He said he had done everything the City required except file the plat. But he didn't want to grant the easement on the back side of the property because he thought he ought to be entitled to have a driveway on Kanis Road. He then described what would be involved in constructing a driveway access on Asbury Road and along the property to the residence, which would cost approximately $3,800. A driveway from Kanis Road would be approximately $525. Public Works Director Chandra Russell explained that the current Board policy is to not allow residential driveways on collector and arterial streets. Kanis Road will be a four lane divided arterial roadway, meaning there will be a median down the center. If the driveway were allowed, it would be prohibited from left turns when the median is constructed in the future. She also explained previous actions taken by the Board of Directors and the Planning Commission regarding boundary street improvements and conditional waivers. Director Wyrick questioned Mrs. Russell about the policy of restricting driveways on Kanis Road. City Manager Charles Nickerson said this is a great opportunity to revisit the entire issue and look at residential uses along Kanis. Director Wyrick said the policy restricting residential driveways on Kanis needs to be changed. Director Kumpuris asked Mr. Hawkins if he understood that he may be limited access in the future; that if a median is built, he will not be back to the Board asking for a cut for access to the driveway. Following the lengthy discussion, Director Adcock moved for adoption of the Resolution and the motion was seconded by Director Keck. The Resolution was adopted by the following roll call vote: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris and Mayor Dailey - total 8; Noes - Director Kelly - total 1; Absent - Directors Cazort and Joyce - total 2. Introduced next was Zoning Application Z- 3520 -C filed by Chris Albright to rezone 7600 Cantrell Road from "C -3" General Commercial and "C -4" Open Display Districts to "C -4" Open Display District. The reclassification was approved by the Planning Commission on April 3, 1997. Mr. Albright said there is some confusion on his part as to what he would be dedicating. There is an underground tank system in place on the Cantrell Road side and is very close to where the dedication area is. He was willing o dedicate right -of -way but was not clear on what is to be dedicated. Public Works Director Chandra Russell said the zoning ordinance does require right -of -way dedication, but the reclassification could be approved with the proposed dedication, and if the dedication agreement is not reached, staff would bring it back to the Board for a waiver. Director Hodges moved to proceed with the reclassification as recommended by staff, with the condition that the issue will come back to the Board if the dedication agreement is not reached. The motion was seconded by Director Keck and unanimously adopted. Ordinance No. 17,461 was then presented, with the title being: 4 Minutes April 15, 1997 707 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- 3520 -C - To rezone 7600 Cantrell Road from "C -3" General Commercial and 11C -4" Open Display Districts to "C -4" Open Display District.) and the Ordinance was read the first time. There was a motion by Director Keck, 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 nine 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 nine 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 Kelly, Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Kumpuris, and Mayor Dailey. - total 9; Noes - None; Absent - Directors Cazort and Joyce - total 2. Whereupon, the Ordinance was declared PASSED. (Director Cazort enrolled at 7:00 o'clock P.M.) (Director Kelly was excused at 7:00 o'clock P.M.) Consideration was then given to Resolution No. 9,961, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE THE FORMER R.E. LEE ELEMENTARY SCHOOL AT 12TH AND PINE STREETS FOR USE AS A MULTI - PURPOSE NEIGHBORHOOD RESOURCE CENTER. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted by the Board members present. The next presentation was Resolution No. 9,962, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH MEHLBURGER ENGINEERS FOR ENGINEERING SERVICES FOR KANIS ROAD FROM I -430 TO JOHN BARROW ROAD. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted by the Board members present. (Director Kelly re- enrolled at 7:03 o'clock P.M.) Introduced next was Resolution No. 9,963, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING DESIGN SERVICES CONTRACT WITH -- MCCLELLAND CONSULTING ENGINEERING, INC. FOR FAIR PARK BLVD. FROM I -630 TO WEST 12TH STREET. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Hinton. Director Wyrick noted that engineering has been done twice, and asked why is it being done the third time. Public Works Director Chandra Russell responded that the first time was a preliminary analysis of the entire corridor of Fair Park at approximately $20,000, the second time (1988) was design plans 5 �i Minutes April 15, 1997 for a specific part but the engineer was unable to provide plans that were satisfactory. In 1991, Fair Park was submitted in two segments for TIP funding. Both segments were accepted, which required a re -look at the project to bring it into conformance with state and federal standards. That is what this is and the City will be responsible for the 20% match. The Resolution was adopted by a voice vote of 9 ayes and 1 no (Director Wyrick). (Directors Kumpuris and Kelly were excused at 7:07 o'clock before presentation of Agenda Item No. 10 due to a conflict of interest.) A public hearing had been scheduled for this time and place by a motion adopted on April 1, 1997 on the appeal of the Planning Commission's denial of a Planned Unit Development titled United Methodist Foundation of Arkansas PD -O, located at the NW corner of Harrison and Evergreen Streets. The appeal was filed by Mr. Fred Perkins on behalf of James B. Argue, Jr., Executive Director of United Methodist Foundation of Arkansas. Mayor Dailey declared the public hearing open at 7:07 o'clock P.M. Mr. Jim Lawson, Director of Planning and Development, gave an overview of the issue. He noted that the Planning Commission vote was 4 ayes and 5 noes with 2 absent. Several Planning Commissioners expressed concern about the proposed zoning being in conflict with the adopted Land Use Plan which recommends Single Family for this site. This was despite the City Attorney's interpretation that a Land Use Plan Amendment was not necessary to accommodate this specific office use because this is a very restrictive PD -O. Other Commissioners voiced opposition to the site plan which has the parking lot located in front of the building rather than behind it. Normally, in residential areas, the parking lot is in the rear. Mr. Argue has gone door to door in the neighborhood discussing the parking lot issue, and found that the residents in the area really wanted the parking lot in the front. Mr. Lawson said because the people in the neighborhood really want the parking lot in the front, he felt this should be approved since it is a very well designed plan. Mr. Maury Mitchell, representing the United Methodist Foundation, spoke in support of the PD -O, stating that he had met with area residents and the Hillcrest Neighborhood Association, and as a result of those meetings, 14 changes have been made to the plans. He concluded by asking the Board of Directors to approve the PD -O. Speaking in opposition to the PD-0 was Mr. John Graves, a member of the Board of the Hillcrest Neighborhood Association. He said the Association thought this was a very good project except for the parking lot in the front, and felt this would establish a very important precedent, because it would be very difficult to reject future similar applications for parking in the front lawn. Parking in the front would have a major visual impact and he urged the Board of Directors to sustain the recommendation of the Planning Commission. In response to questions by Director Hodges, Mr. Graves stated the Hillcrest Neighborhood Association did not want a parking lot on Evergreen or Harrison, but felt it should be at the rear with access from the alley. Mr. Fred Perkins, architect, displayed drawings and explained the proposal, stating the parking is behind the front yard line. Mrs. Ruth Bell, representing the League of Women Voters, expressed concern about the mariner in which the City is handling this, leaving the use as residential on the Land Use Plan. She urged the Board to change the Land Use Plan to reflect this office rezoning. Senator Jim Argue expressed his appreciation to the neighborhood. Mayor Dailey declared the public hearing closed at 7:45 o'clock P.M. and Ordinance No. 17,462 was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT OFFICE TITLED THE UNITED METHODIST FOUNDATION OF ARKANSAS SHORT -FORM PD -O (Z -6249) 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; LOCATED AT THE NORTHWEST CORNER OF HARRISON AND EVERGREEN STREETS; (Lots 5 and 6, Block 1, HollenbergAddition.) all Minutes April 15, 1997 709 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 eight 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 eight in number and two - thirds or more of the members 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 Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, and Mayor Dailey - total 8; Noes - None; Absent - Directors Joyce, Kumpuris and Kelly - total 3. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,463, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR THE UNITED METHODIST FOUNDATION OF ARKANSAS (Z -6249) LOCATED AT THE NORTHWEST CORNER OF HARRISON AND EVERGREEN STREETS; and the Ordinance was read the first time. There was a motion by Director Adcock, 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 eight 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 Cazort, 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 eight 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 Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, and Mayor Dailey - total 8; Noes - None; Absent - Directors Joyce, Kumpuris and Kelly - total 3. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,464, 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 THE UNITED METHODIST FOUNDATION OF ARKANSAS (Z -6249) LOCATED AT THE NORTHWEST CORNER OF HARRISON AND EVERGREEN STREETS. Public Works Director Chandra Russell responded to Director Adcock's questions regarding the sidewalk deferral, stating the abutting property owner did not have a sidewalk and did not want sidewalk abutting his property. Senator Jim Argue, representing the United Methodist Foundation, stated this is a neighborhood issue and the Methodist Foundation is pursuing the five year deferral at the request of the neighborhood. The neighbors do not want a sidewalk in the area because it could create some unintended negative consequences. Mrs. Russell stated the Ordinance only defers a 50 foot portion of sidewalk on Harrison Street and would need to be amended to include all the sidewalk on Harrison and Evergreen Streets, if that is what the Board desires. Director Adcock then moved to amend the Ordinance to provide for a deferral of sidewalk construction on Harrison Street and Evergreen Street for five years or until adjacent sidewalk is constructed. The motion was seconded by Director Cazort and unanimously adopted. The Ordinance, as amended, was then read the first time. There was a motion by Director Adcock, 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 eight in number and two - thirds or more of the members of the Board of Directors. There was a second reading of the Ordinance, 7 710 Minutes April 15, 1997 followed by a subsequent motion made and seconded by Directors Adcock and Cazort, 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 eight 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 Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, and Mayor Dailey - total 8; Noes - None; Absent - Directors Joyce, Kumpuris and Kelly - total 3. Whereupon, the Ordinance, as amended, was declared PASSED. (Directors Kumpuris and Kelly were re- enrolled at 7:55 o'clock P.M.) Consideration was then given to Ordinance No. 17,465, entitled: AN ORDINANCE APPROPRIATING FIFTEEN THOUSAND DOLLARS ($15,000.00) LOCAL MATCHING FUNDS FOR DESIGN SERVICES FOR A LIGHT RAIL PROJECT TO SERVE THE RIVER MARKET, CONVENTION CENTER AND ARENA PROJECT; 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Wilson, 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 ten 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 Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,466, described as: AN ORDINANCE APPROPRIATING $22,000 FROM THE SPECIAL PROJECTS FUND TO PROVIDE REIMBURSEMENT TO THE ECONOMIC DEVELOPMENT FUND; 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. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Adcock and Wilson, 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 ten 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 Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Item 24 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE TO AMEND THE MASTER PARKS PLAN TO DESIGNATE THE RIVER MARKET AS NEW PARK ENTITLED RIVER MARKET PARK; AND FOR OTHER PURPOSES" which was removed from the Agenda by City Attorney Tom Carpenter. Minutes April 15, 1997 Item 25 on the Agenda was a proposed Ordinance, described as: AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR RESTORATION OF EXCAVATION AND CUTS IN STREET OR ALLEY RIGHTS -OF -WAY; PROVIDING FOR A PERMIT PROCESS AND FEES FOR MAKING EXCAVATION AND CUTS WITHIN THE RIGHT -OF -WAY; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; AND FOR OTHER PURPOSES. The proposed Ordinance was read the first time and left on the calendar for second reading on May 6,1997. Item 26 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO DESIGNATE INDUSTRIAL PSYCHOLOGISTS AND OTHER DISCIPLINES ASSOCIATED WITH THE DEVELOPMENT AND IMPLEMENTATION OF TESTS AND SYSTEMS DESIGNED FOR HIRING AND PROMOTION OF MUNICIPAL EMPLOYEES AS PROFESSIONAL SERVICES PURSUANT TO AUTHORITY GRANTED IN ACT 429 OF 1995. The proposed Ordinance was read the first time and left on the calendar for second reading on May 6,1997. At the time allotted for Citizen Communications, the first speaker was Mary Ann Campbell, who spoke on behalf of the National Association of Women Business Owners, the National Federation of Independent Businesses, the White House Conference of Small Business Attendees, and Women in Construction. She referred to the proposal Charles King and Doug Nichols to assist women, minorities and small businesses in the community. (See Ordinance No. 17,405, passed February 18, 1997, authorizing a contract with Arkansas Regional Minority Supplier Development Council and the National Council of Contractors Association for small business assistance services.) She said, however, that the proposal does not define how women are going to be served. She outlined the major concerns: (1) exclusivity (black only); (2) nearness of scope (construction); and (3) disparity study. She said it is very obvious that minorities have received 2 -to -1 the number of contracts that women have. This issue needs to be revisited; either re -write it or put out a request for proposals. Mayor Dailey explained that the reason the City Manager has not signed the contract is that the City wants to be sure that all issues are addressed. Director Keck asked City Manager Charles Nickerson to provide a report on the status of negotiations on the contract. Director Adcock asked that the Board have a workshop to look at the disparity study. City Attorney Tom Carpenter said it has been made crystal clear to the contractor that this had to be a race neutral, gender neutral, inclusive program before the City could enter the contract. Mr. Carpenter, Mr. Nickerson and Mayor Dailey have all had discussions with Mr. King. The concept of inclusiveness has never been an issue of contention, it has always been a mandate from the City. The next speaker under Citizen Communications was Mr. Bob Wimberley, who supported the statement made by Mary Ann Campbell regarding women and minority business owners. Mr. Andrei Robinson, 13501 3rd St., Alexander, AR was the next speaker during Citizen Communications. He said he wanted to tap onto the City sewer system and was told he would have to get approval from the Board of Directors. Mayor Dailey asked Mr. Jim Lawson to meet with Mr. Robinson regarding making formal application of connecting to the sanitary sewer system. Ms. Dee Dee Finn, a member of the Little Rock New Party, addressed the Board of Directors during Citizen Communications regarding police accountability. She said the Police accountability report card, which the New Party has proposed, would not cost the City a penny and is the kind of reform the City needs. She said a memo from City staff suggested the report card proposal would require the hiring of a new administrator, 0