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08-19-97307 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas August 19, 1997 - 6:05 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 Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kelly and Adcock - total 8; Absent - Directors Wilson and Kumpuris - total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings are recorded as follows. The Invocation was given by Director Joyce, followed by the Pledge of Allegiance. (Director Wilson enrolled at 6:07 o'clock P.M.) Mayor Dailey presented plaques to Little Rock Police Officers Robert Beasley and Ralph Jackson in appreciation for their personal involvement and leadership in Operation Genesis at the Alert Center located at 12th and Cedar Streets. Mayor Dailey stated this represents the true meaning of the Community Policing Program. Operation Genesis is a program to reduce crime by finding jobs for at -risk youths. Police Chief Lou Caudell stated that Officers Beasley and Jackson had received the Police Department Meritorious Conduct Award about six months ago in recognition of Operation Genesis. Director Wilson announced that the College Station community had honored Mayor Dailey and the Board of Directors with a plaque, which would be presented later. Vice Mayor Keck made a presentation, stating that Promise Keepers is a movement about men being called to their responsibility to their family, their community and to God. The Arkansas Men of Integrity, a group involved in the Promise Keepers ministry, is organizing a statewide Celebration of Unity Conference to be held Saturday, September 6, 1997, at Barton Coliseum in Little Rock. Vice Mayor Keck then read the proclamation which proclaimed September 6, 1997 as Men of Integrity Day in Little Rock, Arkansas. (Director Kumpuris enrolled at 6:15 o'clock P.M.) Consideration was then given to the Consent Agenda, which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held November 7, 1996. (2) The City of Little Rock Comprehensive Annual Financial Report for the fiscal year ended December 31, 1996. (To be received and filed.) (3) The Oakland- Fraternal Cemetery Audit Report for the year ended December 31, 1996. (To be received and filed.) (4) A motion to set the date of hearing for September 2, 1997, on the appeal of the Planning Commission's denial of the application to rezone 209 -211 North Summit Street (Z- 4050 -A) from "R -4" Two Family District to "R -5" Urban Residence District. (Appeal filed by Delanor Berry) 1 `i • Minutes August 19, 1997 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 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. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort, Keck, and Mayor Dailey - total 10; Noes - Director Hinton - total 1; Absent - None. Therefore, the Ordinance was declared PASSED. Resolution No. 10,054 was the next presentation, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEVELOP A CITY OF LITTLE ROCK SUSTAINABLE GROWTH STRATEGY AND ACTION PLAN FOR EVALUATING FUTURE DEVELOPMENT AND REVITALIZATION PROPOSALS. (Directs the City Manager to set forth the sustainable growth strategy format and timetable within the next ninety (90) days to develop a plan for a growth strategy for the City which will include active plans for revitalization of existing neighborhoods together with additional annexation growth plans in newly developing and extraterritorial areas, and which assures the initial review of any annexation request will be conducted by the Little Rock Planning Commission. The full process is to be completed within 18 months.) Director Adcock questioned whether this would be fair to a new City Manager who will be coming on board soon. (Note: City Manager Charles Nickerson has resigned effective November 1, 1997.) Speaking in support of the Resolution were Jim Lynch, Pam Marshall, Ruth Bell, and Ethel Ambrose. Director Kelly read an article from the Arkadelphia, AR newspaper that defines sustainable growth as: sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs. In other words, it is the act of building a community that will keep going over the long haul. Director Kelly said the Planning Commission was receptive to this and pleased to have the opportunity and authority to plan the City in a sustainable way. He felt the groundwork has been laid and this is as urgent as it was several months ago when the Board voted to turn all future annexations over to the Planning Commission. In response to Director Kumpuris' question as to who is going to pay for this, Director Kelly said he felt that the 1998 Budget should include funds for the Planning Commission to utilize for this study, to hire consultants, etc. He also asked how many people on the Planning Commission and the Board of Directors had read the Tischler Report? How is the Tischler Study going to be factored in? We are getting ready to embark on another study that we do not have money to fund. We are not being good custodians of the money we have spent if we are going to send the Planning Commission out without getting their thoughts on the Tischler Plan and how it pertains to Little Rock today. We have not to my knowledge ever set down as a group with the Planning Commission and said lets read this and see what we really want to do based on the information we have. (Note: The Tischler Report was a growth management study done as part of FUTURE- Little Rock.) Director Hodges suggested adding to the Resolution that the Tischler Report be considered in depth. Director Hodges then moved to add to Section 6 of the Resolution that "the Tischler Report shall be considered in full before any other actions are undertaken." The motion was seconded by Director Kumpuris and unanimously adopted. The Resolution was then read, followed by a motion from Director Cazort to adopt the Resolution. The motion was seconded by Director Joyce, and the Resolution, as amended, was unanimously adopted. (Directors Kelly and Adcock were excused at 11:25 o'clock P.M.) A public hearing had been scheduled for this time and place by Resolution No. 10,031, adopted August 5, 1997, on the petition to vacate and close portions of Victory, Garland and Cove Streets from North Street to the Union Pacific Railroad right -of -way, abutting Blocks 362 and 338 of the Original City of Little Rock. The petition was filed by Joe White, Jr. on behalf of Ron Tabor and Choo Choo Partnership. Attached to the 10 Minutes August 19, 1997 petition was a certified copy of the plat of Blocks 362 and 338, Original City of Little Rock on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to abutting property. The notice of hearing was published in the Daily Record on August 12, 1997, and August 19, 1997. The Planning Commission approved the closure on June 26, 1997. Mayor Dailey declared the public hearing open. No opposition was presented and Mayor Dailey declared the public hearing closed. Consideration was then given to Ordinance No. 17,560, described as: AN ORDINANCE VACATING AND CLOSING PORTIONS OF VICTORY, GARLAND AND COVE STREETS FROM NORTH STREET TO THE UNION PACIFIC RAILROAD RIGHT -OF -WAY IN THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Abutting Blocks 362 and 338, Original City.) and the Ordinance was read the first time. There was a motion by Director Joyce, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Hinton and Wilson, 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 nine 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. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 9; Noes - None; Absent - Directors Kelly and Adcock- total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,032, adopted August 5, 1997, on the petition to vacate and close portions of Jefferson Drive, Monroe Drive, Highland Circle, Pinehill Terrace, and all unnamed streets, alleys and rights -of -way within the boundaries of the former Highland Park Public Housing Development. The petition was filed by Polly Kinslowe of McCormack Baron & Associates, St. Luis, MO., on behalf of the Housing Authority of the City of Little Rock, Arkansas. Attached to the petition was a certified copy of the plat of former Highland Park Public Housing Development (Twelfth Street Pike Addition) of Little Rock on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to abutting property. The notice of hearing was published in the Daily Record on August 12, 1997, and August 19, 1997. The Planning Commission approved the closure on June 26, 1997. Mayor Dailey declared the public hearing open. No opposition was presented and Mayor Dailey declared the public hearing closed. Ordinance No. 17,561 was presented, with the title being: AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF JEFFERSON DRIVE, MONROE DRIVE, HIGHLAND CIRCLE, PINEHILL TERRACE AND ALL UNNAMED STREETS, ALLEYS AND RIGHTS -OF -WAY WITHIN THE BOUNDARIES OF THE FORMER HIGHLAND PARK PUBLIC HOUSING DEVELOPMENT; and the Ordinance was read the first time. There was a motion by Director Joyce, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Hinton and Wilson, 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 nine 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. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, 11 817 relare • • Minutes August 19, 1997 Kumpuris, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 9; Noes - None; Absent - Directors Kelly and Adcock- total 2. Therefore, the Ordinance was declared PASSED. Item 26 on the Agenda was a discussion of the request for funds for Westside Junior High School. At the request of Finance Director Harold Boldt, the discussion was deferred to September 2, 1997. (See Minutes of July 1, 1997, July 16, 1997, and July 29, 1997) (Directors Kelly and Wilson re- enrolled at 11:30 o'clock P.M.) Consideration was then given to Item 22, being Resolution No. 10,055, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO RESTRICT FOR INFRASTRUCTURE PURPOSES FRANCHISE FEES FROM ALL NEW FRANCHISES GRANTED BY THE CITY OF LITTLE ROCK. Director Wyrick stated she did not want to earmark any current franchise fees. The Resolution was designed to pick up any new franchise fees that might be coming, and would leave the current level of franchise fees the same. Director Cazort then moved to amend Section 1 of the proposed Resolution by adding the phrase "in excess of the total franchise fees received in 1997" and the motion was seconded by Director Kumpuris. City Manager Charles Nickerson expressed some concerns, stating the franchise fees are our second largest source of operating revenue. Five percent of the sales tax has already been restricted to be used to bond for infrastructure improvements. There are numerous proposals floating around as part of the budget process that will further restrict operating revenue in one form or another. (Mayor Dailey was excused at 11:35 o'clock P.M.) We continue to add programs and restrict revenue. We have so few options available in terms of operating funds. There are ways to fund the infrastructure issue. Mr. Harold Boldt, Finance Director, said the Board needs to have work sessions on how we are going to deal with long range capital and financial planning. A vote was then taken on the motion to amend the Resolution, which was adopted by a unanimous voice vote. The Resolution was then read, followed by a motion by Director Cazort for its adoption. The motion was seconded by Director Hinton and the Resolution, as amended, was adopted by the following roll call vote: Ayes - Directors Wyrick, Kumpuris, Wilson, Hinton, Hodges, and Cazort - total 6; Noes - Directors Kelly, Adcock, Keck, and Joyce - total 4; Absent - Mayor Dailey - total 1. (Mayor Dailey re- enrolled at 11:40 o'clock P.M.) Introduced next was Ordinance No. 17,562, entitled: AN ORDINANCE APPROPRIATING $131,903 FROM THE 1996 GENERAL FUND CARRYOVER ACCOUNT TO THE SPECIAL PROJECTS FUND AS MATCHING FUNDS FOR THE 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM; and the Ordinance was read the first time. There was a motion by Director Joyce, 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 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 Hinton and Wilson, 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 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. A roll call vote was taken on the question, Shall the Ordinance Pass, as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 12 Minutes August 19, 1997 X19 Consideration was given to Ordinance No. 17,563, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 2 -243 (1988) TO RECOGNIZE EXECUTIVE RECRUITMENT FIRMS SPECIALIZING IN ASSISTING ORGANIZATIONS IN RECRUITING APPLICANTS FOR PROFESSIONAL AND MANAGERIAL POSITIONS AS A PROFESSIONAL SERVICE FOR THE CITY OF LITTLE ROCK, ARKANSAS, AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on August 5, 1997. There was a motion by Director Cazort, seconded by Director Wilson, 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. A roll call vote was taken on the question, Shall the Ordinance Pass, as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hodges, Cazort, Keck and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was a proposed Ordinance described as: AN ORDINANCE CREATING THE LITTLE ROCK HISTORY COMMISSION; AND FOR OTHER PURPOSES. The Ordinance was read the first time and left on the calendar for second reading on September 2, 1997. (Note: The proposed Ordinance had been deferred from June 3, 1997, June 17, 1997, June 24, 1997, and July 29, 1997.) Item 29 on the Agenda was a discussion of fire protection for the College Station community. Mr. Hezekiah Stewart, Executive Director of Watershed Human and Community Development Agency, had written a letter to Fire Chief Rubin Webb requesting fire protection by the Little Rock Fire Department, since the College Station Volunteer Fire Department was destroyed by fire on July 2, 1997. City Manager Charles Nickerson recommended that the City should not extend fire protection service to College Station area unless there is annexation. Chief Webb feels like that would jeopardize our service within our own community, and most cities do not extend service outside of city limits. The Sweet Home Fire Department is currently providing fire protection to College Station. Mayor Dailey thought that Pulaski County had agreed to provide fire service to College Station. Vice Mayor Keck asked for a written report to the Board. (Note: Director Adcock requested that the Planning Commission look at extraterritorial zoning for the College Station community) Item 30 on the Agenda was a discussion of the Brady Bill, which basically compelled state governments such as Arkansas to conduct certain checks to ensure that a person was permitted by law to posses a firearm, then the U.S. Supreme Court ruled that the Federal Government cannot compel cities or states to enact or administer a Federal Regulatory Program. Police Chief Lou Caudell stated that the Little Rock Police Department is prohibited by State Law from regulating the sale of firearms. He did not believe there is anything the Police Department can do under current state law to conduct background checks. Item 31 on the Agenda was a discussion of the billboard update. Directors Hodges and Kelly did meet with representatives of the billboard industry (Reed and Schlererth) and reached a tentative agreement. Funds are available that will be lost to the City for this purpose within a short period of time, and in view of the long litigation that has gone on and the court decision that the City is required to pay for billboards, the agreement was that the money should be spent for what it was intended, and to get an independent appraiser to help select those billboards that would get us the most bang for 13 • Minutes August 19, 1997 our buck, and remove those billboards geographically along scenic corridors. City Attorney Tom Carpenter said that no Board action is required. The City has already hired an appraiser; we just need to work out the details. Director Wyrick asked for a report on the number of employees we are down since the hiring freeze and when the freeze will be lifted. Director Hinton asked for permission to set up some meetings with the neighborhood people to get ideas from grass roots people on ways to cut crime. At the time allotted for Citizen Communications, which started at 12:05 o'clock A.M., the first speaker was Ms. Christina Osborn, 3220 Lamar, who works full time at Wendy's and has a 16 year old son that is a member of the gang on 13th Street. She said she needs help. The Police can't do anything. She said the police tell her he is on crack. She comes home from work at 8:00 P.M., and he comes home drunk at 7:00 A.M. and sleeps all day and is gone when she comes home. She named a number of agencies and people she has called. He has been in drug rehabilitation four times. She asked the Board to help her. Mayor Dailey applauded her courage in coming to the Board with her concern. He agreed to meet with her and see if there is some youth task force avenue that would be able to help. Ms. Diane Edwards, 15 Allyson Circle, was the next speaker under Citizen Communications. She addressed the Board about the abandoned apartment buildings on Butler Road in southwest Little Rock. She and her neighbors want the buildings demolished, and asked the Board to look into the budget to allocate funds for demolition of the buildings. Mr. Hathcock gave her an estimate of $80,000 for asbestos abatement in the buildings, and an estimated total cost of $200,000. Director Adcock asked that the City Manager contact the National Guard about becoming a partner with the City in removing these buildings. The last speaker under Citizen Communications was Mr. Andrew Bearden, 3205 Arch Street, who addressed the Board about abandoned houses at 3118 Arch Street and 3103 Arch Street, and duplexes at 515 West 31st Street and 517 West 31st Street that need to be destroyed. There being no further business to be presented, the Board of Directors adjourned at 12:22 o'clock A.M. to meet again in regular session on Tuesday, September 2, 1997, at 6:00 o'clock P.M. ATTEST: (�2 "JL, 44-w-� a- City Clerk Robbie Hancock 14 APPROVED: 2 aat& O yor Jim Dailey X 0 • Minutes August 19, 1997 (5) A motion to set the date of hearing for September 2, 1997, on the appeal of the Planning Commission's denial of the application to rezone 8209 Baseline Road from "R -2" Single Family District to "C -4" Open Display District. (Appeal filed by Agnes and Madison Wilson) (6) Resolution No. 10,047, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS TO ADJUST THE PROPERTY BOUNDARY DESCRIPTION IN THE WAR MEMORIAL STADIUM LEASE. (7) Resolution No. 10,048, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A FEDERAL GRANT FROM THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM FOR THE DEVELOPMENT OF PLAYGROUND FACILITIES IN BOYLE PARK. (8) Resolution No. 10,049, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SEAARK MARINE, INC. FOR PRELIMINARY DESIGN AND OPERATIONAL ANALYSIS OF THE PROPOSED LITTLE ROCK LANDING. (9) Resolution No. 10,050, entitled: A RESOLUTION AUTHORIZING THE SALE OF THE INDUSTRIAL PROPERTY AT 4200 HOERNER ROAD TO THE FORMER TENANT, MERICO, INC., PURSUANT TO THE TERMS OF A LEASE ENTERED INTO IN DECEMBER, 1970, PURSUANT TO AN ACT 9 BOND ISSUE; AND FOR OTHER PURPOSES. (10) Resolution No. 10,051, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO ABANDON A PORTION OF THE OLD TAYLOR LOOP ROAD RIGHT -OF -WAY. (September 2,1997.) Upon a motion by Director Adcock, which was seconded by Director Keck and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of the Board of Directors regular meeting held November 7, 1996, were approved as written and distributed to the Board of Directors; (2) the City of Little Rock Comprehensive Annual Financial Report ended December 31, 1996, was received and filed; (3) the Oakland- Fraternal Cemetery Audit Report ended December 31, 1996, was received and filed; (4 and 5) the motions to set the date of hearing for September 2, 1997 on the appeal of the Planning Commission's denial to rezone 209 -211 North Summit Street and 8209 Baseline Road were unanimously adopted; and (6, 7, 8, 9, and 10) Resolutions No. 10,047, 10,048, 10,049, 10,050 and 10,051 were read and unanimously adopted. At the request of Director Wilson and upon a motion by Director Cazort, which was seconded by Director Keck and unanimously adopted, Items 24 and 25 (CDBG Fair Housing Program and housing counseling services) were to be considered when speakers for Item 25 arrived. Mr. Tim Polk, Director of Housing and Neighborhood Programs, was directed to call those that were to speak on Item 25. Speakers for Item 24 (ACORN) were already present. 2 Minutes August 19, 1997 30-q Consideration was then given to Item 11 on the Agenda, which was Resolution No. 10,052, entitled: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT FOR A DAY CARE FAMILY HOME (MAXIMUM OF 10 CHILDREN) LOCATED AT 2812 LENNOX DRIVE (Z- 6295). (Montgomery Special Use Permit.) (The public hearing on the appeal of the Planning Commissions approval of a Special Use Permit for a day care family home located at 2812 Lennox Drive in Kensington Place Subdivision was held on August 5, 1997; however, the Resolution was deferred until August 19, 1997. The appeal was filed by Mr. Larry Bledsoe, President of Kensington Place Board of Directors. See Minutes of August 5, 1997.) At the request of Director Adcock, Mr. Jim Lawson, Director of Planning and Development, made a brief presentation. Staff has met with the Arkansas Department of Human Services (DHS) and contacted about 15 -20 other cities. DHS does very little review of those that keep only five or six children. They do have regulations for daycares for up to 16 children. Other cities' regulations are quite diverse. Staff recommendations are: (1) make sure that people who operate family daycares are property trained (the State does have workshops); and (2) make fire and code inspections to be sure there are no hazards. Mr. Lawson said the main issue is are we going to have family daycares in our subdivisions and should they be spaced in an area. The other issue is should we have any kind of home businesses at all. The State DHS feels there is a need for family daycare facilities in the communities. Mr. Larry Bledsoe, President of the Kensington Place Board of Directors, stated the people of Kensington Place want to protect their neighborhood and keep it residential. The Bill of Assurance for Kensington Place forbids businesses. They are trying to limit any type of business that would infringe upon the residential character of their neighborhood. He concluded by asking the Board of Directors to recognize the Bill of Assurance and protect the Kensington Place neighborhood. Mr. Alim A. Qaasim, a member of the Kensington Place Board of Directors, also spoke in opposition to the daycare facility and asked the Board to honor the Bill of Assurance by denying the special use permit for the daycare facility. (Director Wilson was excused at 7:00 o'clock P.M.) In responding to questions by Director Adcock, Mr. Lawson stated if the Resolution is adopted and the Special Use Permit is denied, the operator, Mrs. Earnestine Montgomery, would only be allowed to keep five children, whereas she now keeps ten children. There was a motion by Director Adcock, seconded by Director Hinton, to hold the two issues (Special Use Permits for 2812 Lennox Drive and 2920 Romine Road) until the broader issue of regulations for family daycare facilities and home businesses in residential areas comes to the Board. The motion failed by the following roll call vote: Ayes - Directors Joyce, Adcock, Hinton and Keck - total 4; Noes - Directors Wyrick, Kumpuris, Kelly, Hodges, Cazort, and Mayor Dailey - total 6; Absent - Director Wilson - total 1. Mrs. Earnestine Montgomery, operator of the daycare facility at 2812 Lennox Drive, stated she would like to have the opportunity to continue until she can make other arrangements. (Director Wilson re- enrolled at 7:05 o'clock P.M.) Following the reading of the Resolution, a roll call vote was taken on its adoption as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Adcock, Hodges, Cazort, and Mayor Dailey - total 7; Noes - Directors Kelly, Wilson, Hinton, and Keck - total 4. Whereupon, the Resolution was adopted. (See motion following Resolution No. 10, 053 below.) Item 12 was a related issue, being Resolution No. 10,053, described as: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING -- COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT FOR A DAY CARE FAMILY HOME (MAXIMUM OF 10 CHILDREN) LOCATED AT 2920 ROMINE ROAD (Z- 6301). (Stanfield Special Use Permit) (The public hearing on the appeal of the Planning Commission's approval of a Special Use Permit for a day care family home located at 2920 Romine Road in Kensington Place Subdivision was held on August 5, 1997; however, the Resolution was deferred until August 19, 1997. The appeal was filed by Mr. Larry Bledsoe, President of 3 • ' • Minutes August 19, 1997 Kensington Place Board of Directors. See Minutes of August 5, 1997) (See discussion related to Resolution No. 10,052 above.) Rev. Russell Stanfield, whose wife operates the daycare facility, stated he never received a copy of the Bill of Assurance or the amended Bylaws while he was an at -large member of the Kensington Place Board of Directors. He said he and his wife met with the Home Owners Association to try to resolve the issue and gave a definition of a home daycare provider, but that definition was never passed on to the residents that voted against the daycare facility. (See Minutes of August S, 1997.) They have met the requirements of the State and the City; they even erected a six foot high privacy fence. Mr. Bill Hardin spoke in support of the Stanfield daycare facility. Mr. Alim A. Qaasim asked the Board to deny the Special Use Permit. Director Cazort stated the Board of Directors can't protect neighborhoods by enforcing Bills of Assurance. The question the Board has to decide is whether or not the request complies with our zoning code and permitted uses in that area. Following the reading of the Resolution, a roll call vote was taken on its adoption as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Adcock, Hodges, Cazort, and Mayor Dailey - total 7; Noes - Directors Kelly, Wilson, Hinton, and Keck - total 4. Whereupon, the Resolution was adopted. (See motion below) Director Keck moved to direct the City Manager to withhold enforcement for six (6) months on Resolutions No. 10,052 and 10,053 due to the unique circumstances. The motion was seconded by Director Kelly and unanimously adopted. Introduced next was Ordinance 17,554, 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 -6308 - To rezone property at 6215 Fourche Dam Pike /6214 East Roosevelt Road from "R -2" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the second time, having been read the first time on August 5, 1997. There was a motion by Director Adcock to 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 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. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, Cazort, Keck, and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Item 24 which was listed on the Agenda as: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARKANSAS ACORN FAIR HOUSING ORGANIZATION FOR THE CDBG FAIR HOUSING PROGRAM." (Note: Director Kelly stated that he is employed by Arkansas Advocates for Children and Families, which has a joint contract with the Center for Community Change to work on welfare reform and as a part of that contract he works with ACORN; however, City Attorney Tom Carpenter has said there would be no conflict of interest by Director Kelly participating in the discussion regarding Arkansas ACORN Fair Housing Organization.) Director Gloria Wilson read a lengthy and emotional prepared statement, explaining why she proposed the Resolution and urging the Board to vote yes on adoption of the Resolution because Arkansas ACORN Fair Housing has been approved in three different processes. City Attorney Tom Carpenter explained that there are some problems with the Resolution that need to be addressed by the Board, stating "what we have is an RFQ (Request for Qualifications) without the Board of Directors declaring that type of service as a professional service." The City cannot issue an RFQ unless the Board has declared that particular service to be a professional service, which is a process set out by statute that takes two regular Board Meetings. Since the bids have been rejected, we have gone through the process of declaring housing counseling to be a professional service. The problem with this 4 Minutes August 19, 1997 811 Resolution is that it is attempting to award a contract upon a process that was flawed in its inception. We got from HUD conclusive evidence that we can bid according to our procedures, but we have to bid according to our procedures, and since we used a process that was not permitted under our statutes then we have to go through the process again. This Resolution is asking the Board to do something which the City Attorney feels the Board does not have the authority to do. If the Board wishes to look at Director Wilson's suggestion that we refer to the matching money element of this (and he was not prepared to discuss the accuracy of that), then the Board needs to adopt an Ordinance waiving competitive bidding and going forward. He reiterated that the Board does not need to be awarding a bid on the basis of a bid process that was flawed in its inception. The State Legislature has given clear authority to delineate housing counseling as a professional service, but it also gave a very strict process to follow. City Manager Charles Nickerson responded to questions by Director Kelly and stated that the staff recommendation is to take this back through the bidding process for professional services since housing counseling has been declared a professional service. Mayor Dailey felt this is a "do right rule" situation and the Board should work it out so that ACORN would still have the contract. Director Wilson emphasized that the correct name is Arkansas ACORN Fair Housing Organization, not ACORN. Director Hodges asked where the $400,000 matching funds came from that was available last year. Ms. Maggie Dyer, Director of Arkansas ACORN Fair Housing, stated the funds were coming partially from a federal grant, some private institutions as well as from some litigation, and part of that amount is still available. Director Hodges urged the Board to make sure it followed the City Attorney's legal advice, and then asked if the Board could legally pass an Ordinance tonight waiving the bidding process and awarding the contract to ACORN Fair Housing. Mr. Carpenter then drafted an Ordinance to replace the proposed Resolution and read it to the Board= Ms. Dyer stated ACORN Fair Housing could provide matching funds of at least $250,000. Director Adcock expressed her objections, stating the Board is selling this contract. She said there are five other credit counseling companies present, and it is unfair to them to give the contract to ACORN Fair Housing because it can pay a large amount. She felt there would be no accountability, no quick turn- around, and no names going into the clearing house for the Land Bank Authority, if the contract was given to ACORN Fair Housing. Following the lengthy discussion, Director Hodges moved to replace the Resolution with the Ordinance as drafted by City Attorney Tom Carpenter. Director Wilson seconded the motion, which was adopted by a voice vote of nine ayes and two noes (Directors Adcock and Joyce). Ordinance No. 17,555 was then presented with the title being: AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARKANSAS ACORN FAIR HOUSING ORGANIZATION FOR THE CDBG FAIR HOUSING PROGRAM; AND FOR OTHER PURPOSES; (Not to exceed $50,500) and City Clerk Robbie Hancock read the Ordinance the first time. Ms. Elissa Gross, Director of Education with Family Service Agencies Consumer Credit Counseling Service, one of the original bidders, said they were notified in writing from the City Manager's Office that the contract would be rebid as an ongoing process. She said it was important to recognize that the way the process is set up it pits one organization against another rather than encouraging collaboration. She encouraged the Board to base future funding on certain performance criteria that are demonstrated throughout a certain period of time so that you are assured of quality services and funding awarded in an equitable manner to get the greatest return for your dollars. Mr. Al Armstrong, a member of the Wright Avenue Neighborhood Association and chairperson for that area's CDBG committee, spoke in total support of the recommendation made by Director Wilson. Mr. Virgil Miller, Senior Vice President of NationsBank Community Investment Group, said NationsBank believes in credit counseling, and had written a letter supporting Arkansas ACORN Fair Housing Organization's application for the contract. Mr. Jim Lynch said the discussion has gone on for two years, which is much too long. The real goal is better housing for all of the citizens of Little Rock. He referred to the five major recommendations in the Little Rock School Board Student Assignment Report dated 5 812 Minutes August 19, 1997 August 19, 1997, in which Recommendation No. 4 stated: "The City of Little Rock should affirmatively promote affordable housing in all areas of the City while enforcing existing fair housing laws and promoting redevelopment of its inner city to encourage economically and racially integrated housing patterns for everyone." Ms. Gerry Nash, Executive Director of In Affordable Housing, said she was opposed to the way this matter has been handled. The RFQ was sent out and organizations spent a lot of money preparing proposals. Matching funds was not a part of the RFQ. If there is a procedure that must be followed with CDBG funds, then it should be followed, but they did respond to the RFQ and she thought they should have a chance at these funds. In reference to a question by Director Wilson to Maggie Dyer: "How much money did we spend in putting together proposals ", City Attorney Tom Carpenter expressed concern and asked her to clarify if she had any interest in this contract, because if she had an interest, the Code of Ethics would not permit her to act or talk about it. Director Wilson said neither she nor her children would get any financial interest from this contract and she does not associate herself with Arkansas ACORN Fair Housing Organization, but she is an ACORN member. There was a motion by Director Kumpuris to amend the Ordinance to add Section 2 as follows: "Notwithstanding Section 1 above, any contract entered pursuant to this Ordinance shall require that any names obtained through the housing counseling process shall be shared with the City including, but not limited to, the City Land Bank Authority. " The motion was seconded by Director Hodges and unanimously adopted. Mr. Jerry Hulsey, co -chair of the Land Bank Task Force, said the Task Force felt it would be better to have three really good companies who would do a really good job and wanted to have a better source of people out there. Mr. Harold Hanson, President of Home Ownership Partners of Arkansas, said their goal was to put people in houses, and they want to work from a level playing field. Ms. Genevieve Stewart thanked the Board for being sensitive, attentive and compassionate, and for doing what is fair and what is right. Director Cazort then moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck. At the request of Director Adcock, Mr. Carpenter read Director Kumpuris' amendment again. Ms. Dyer responded that Arkansas ACORN Fair Housing Organization would be happy to provide the names of the people that have gone through housing counseling. Director Adcock questioned whether that would be the names of all those going through housing counseling or just those that have been approved. Mr. Tim Polk, Director of Housing & Neighborhood Programs, said they would need the names of those that have been approved and completed the counseling and been able to buy a house. Ms. Dyer agreed to do that. The motion to suspend the rules was adopted by a voice vote of 10 ayes and 1 no (Director Adcock), being two- thirds or more of the members of the Board of Directors, and the Ordinance, as amended, was read the second time. Director Keck moved to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Cazort, and adopted by a voice vote of 10 ayes and 1 no (Director Adcock), being two- thirds or more of the members of the Board of Directors, and the Ordinance, as amended, was read the third and last time. Director Adcock expressed concern as to how the monies would be separated and the time frame because the Land Bank is ready to begin and needs the names now. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Wilson, Hinton, Hodges, Cazort, Keck and Mayor Dailey - total 10; Noes - Director Adcock - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. Due to the passage of Ordinance No. 17,555, no action was taken on Item 25 which was Director Adcock's proposed Resolution entitled: "A RESOLUTION TO DIRECT THAT CERTAIN CDBG MONIES RECEIVED FOR HOUSING COUNSELING PROGRAMS BE AWARDED TO TWO OR THREE QUALIFIED FIRMS; AND FOR OTHER PURPOSES." At 8:40 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 8:55 o'clock P.M. with Mayor Dailey presiding and all Directors present. [i Minutes August 19, 1997 613 Item 14 was the next presentation, being a proposed Ordinance entitled: AN ORDINANCE APPROVING MODIFICATION OF A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF AN AMENDED LONG -FORM PLANNED OFFICE DEVELOPMENT TITLED SEVEN ACRES BUSINESS PARK AMENDED SHORT -FORM POD, LOCATED AT NO. 5 SEVEN ACRES DRIVE IN THE CITY OF LITTLE ROCK; AMENDING ORDINANCE NO. 17,118, AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (To provide for placement of Alltel cellular tower on Lot 4) (Directors Wilson and Wyrick recused due to a conflict of interest. Director Wyrick is employed for Southwestern Bell and Director Wilson's husband works for Southwestern Bell. They were excused at 8:56 o'clock P.M. Mayor Dailey's son works for Alltel but he will receive no financial benefit from this action.) The Ordinance was read the second time, having been read the first time on August 5, 1997. Mr. Jim Lawson, Director of Planning and Development, explained that under law, Alltel has the right to have service in this area, but there is a gap because it is a low area. They have a small tower on their building at the corner of Rodney Parham and Hwy. 10, and another one on Shinnall Mountain. Mr. Lawson said he had not received good direction from the Board of Directors and the community as to how to deal with these sites. It was his understanding that the City Board has the right to refuse the tower if it is not in the right location but can't say we do not want any towers up and down Highway 10 at all. The issue would be what will the tower look like and how tall is it. City Attorney Tom Carpenter said the City cannot ban telecommunications towers, but can impose some reasonable conditions. Mayor Dailey said the Board needs to develop some sort of rules and understandings that are fair and equitable. Mr. Jacob Metzger, applicant, explained that the project is located at #5 Seven Acres Drive approximately 200 yards south of Highway 10. The plan is to construct a 150 foot monopole with a 12' x 28' equipment shelter behind the Golden Collision Auto Repair Center. There is no mandatory provision at this point that co- location be built into these towers. Alltel will voluntarily construct this tower for two additional wireless communications carriers. Ms. Alissa Coffield of Alltel distributed computer generated pictures of the area showing the proposed 150 foot monopole. Mr. Clark Johnson, Alltel engineer, responded to questions by Director Cazort, explaining the tunnel effect. Director Hodges said he would like to see the Board develop a policy on how the City will handle these towers and time is crucial. Director Adcock encouraged Alltel to look at the pine tree application for the tower. Ms. Coffield said that because of the height, a 150 foot pine tree application would stick out so much more that the monopole. In response to Director Adcock's question about painting the pole, Ms. Coffield said they had found that after a couple of years the paint begins to peel and the pole looks much worse than the galvanized pole. Mr. Tom Holmes, #6 Thomas Park Circle, spoke in opposition to the tower. He said his main objection was to the continued degradation of this property. This will be an eyesore for the neighborhood. Mr. Holmes also presented petitions from those opposing the Alltel tower and requesting that the Board deny the application. Mrs. Ruth Bell, representing the League of Women Voters, expressed concern with the visual intrusion of this tower, and urged the Board to urge Alltel to look again at the camouflage possibilities. Mr. Mike Stafford, network manager for Alltel, who is responsible for customer complaints, said this is in his top five areas for servicing due to customer complaints. Director Adcock referred to the letter from Mr. Gene Pfeifer who is out of the country on vacation and requested that the Ordinance be read at three regular meetings. Therefore, the Ordinance was left on the calendar for third and final reading on September 2, 1997. (Director Hodges asked City Attorney Tom Carpenter to put in writing what the legal position of the Board is on this issue.) (Directors Wilson and Wyrick re- enrolled at 10:00 o'clock P.M.) 7 • Minutes August 19, 1997 Consideration was then given to Ordinance No. 17,556, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED DAIRYLAND PCD LONG FORM (Z- 6318), 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 southeast corner of Kirk Road at Chenal Parkway.) Mr. Jim Lawson, Director of Planning and Development, made a staff presentation, explaining the issue of the Dairyland PCD, and the related amendment to the Ellis Mountain District Land Use Plan and the Master Street Plan. Mr. Lawson said the applicant first asked for a change from Mixed Office Warehouse to Commercial, which was denied by the Planning Commission by a vote of 5 ayes, 3 noes, and 3 absent. Since it did not receive six votes, it was considered a denial, and referred to the Board of Directors. Staff recommends approval of Mixed Office and Commercial type of development. The applicant has changed his request from Commercial to Mixed Office Commercial. Mr. Joe Whisenhunt, developer of the proposed Dairyland Shopping Center, stated that Phase I would be the Kroger Store, Phase II would be one or two other large tenants, and Phase III would be the balance of the center (banks, restaurants, etc.). He said he had worked with Public Works and Planning to arrive at street curb cuts and traffic patterns to try to get people off the main streets into the destination shopping center as quickly as possible. Mr. Robert Brown, engineer for the development, responded to questions by Board Members. Director Joyce said she had received a lot of calls from people wanting the Kroger Store at this location. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, said this is a long -range planning issue and it is really important that the City have stuff in place before approving a large scale project like this. She urged the Board to wait until the Kanis Road Task Force has completed its study and made its recommendations. Mr. Brown stated this portion of Kanis Road was not part of the Kanis Road Study. The Ordinance was then 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 adopted by a voice vote of nine ayes and two noes (Hodges and Kumpuris), being 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 Keck, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a voice vote of eight ayes and three noes (Wilson, Hodges, Kumpuris), being two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Adcock, Cazort, Keck, and Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Hodges, Kumpuris, and Kelly - total 5; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,557, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN DISTRICT FROM MIXED OFFICE WAREHOUSE TO MIXED OFFICE COMMERCIAL, AND FOR OTHER MATTERS. (See above discussion related to Ordinance No. 17,556.) (The Ordinance was read the first time on August S, 1997, as amending the Ellis Mountain Plan from Mixed Office Warehouse to Commercial - see discussion related to Ordinance No. 17,556 above) The Ordinance was amended from Commercial to Mixed Office Commercial upon a motion and second by Directors Keck and Cazort, respectively, which was unanimously adopted. The Ordinance, as amended, was then read the second time, having been read the first time on August 5, 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 adopted by a voice vote of eight ayes and three noes (Wilson, Hodges, Kumpuris), being two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the N. Minutes August 19, 1997 X15 Ordinance as follows: Ayes - Directors Joyce, Wyrick, Adcock, Cazort, Keck, and Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Hodges, Kumpuris, and Kelly - total 5; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,558, with the title being: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) MODIFYING THE LOCATION OF SEVERAL COLLECTORS IN THE KIRK ROAD AREA, AND FOR OTHER PURPOSES. (See discussion above related to Ordinance No. 17,556.) The Ordinance was then read the second time, having been read the first time on August 5, 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 adopted by a voice vote of eight ayes and three noes (Wilson, Hodges, Kumpuris), being two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Adcock, Cazort, Keck, and Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Hodges, Kumpuris, and Kelly - total 5; Absent - None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,559, entitled: AN ORDINANCE RECLASSIFYING PARTS OF PLOTS J, K, AND L, WOODLAND HEIGHTS SUBDIVISION, LITTLE ROCK, ARKANSAS TO 0-3 WITH CONDITIONS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6106 - To rezone 7.41 acres, more or less, on Woodland Heights Road approximately 330 ft. south of Summit Road from "R -2" Single Family District to "0-3" General Office District, with conditions.) (NOTE: On July 17, 1996, the Board of Directors denied a request to rezone this property to "0-3" without conditions. The landowners appealed the case to Pulaski County Chancery Court where they received approval of the Court to come back before the Board for the purpose of consideration of their request to rezone with conditions agreed to by the objectors at the first hearing in 1996.) Mr. Jim Lawson, Director of Planning and Development, explained that this was a very controversial issue. That particular applicant, Mr. David Henry, would not agree to the certain restrictions that staff requested which were agreeable to Christ the King Church and other opponents, and filed suit in Pulaski County Chancery Court. Mr. John McKay now has control of the land and has agreed to the conditions that the prior applicant would not accept. In response to a question by Director Adcock, City Attorney Tom Carpenter stated if the Board passes this Ordinance, the lawsuit filed by Mr. Henry would be moot. Mr. John McKay of McKay Realtors, stated he was representing First National Mortgage Corp who has acquired by assignment the interests of the options that control the property to be rezoned. Mr. McKay distributed copies of letters from residents within 200 feet of the property, stating they had been notified of the proposed rezoning and had no objections. He also said he had a letter from Mr. David Henry who represented the original applicant, stating that a favorable action of the Board would resolve the issue. Baucum and Jennifer Fulk, 11604 Summit Road, spoke in opposition, stating they have a house that has been in the family some 50 years in this unique country area. Their main objection was that the houses across the street will be able to rezone to office. Mr. Fulk also asked that where possible the hours of operation of the businesses be restricted and to include noise abatement restrictions. Mr. McKay stated that most of the businesses operate 8:00 A.M. to 5:00 P.M. Monday through Friday. Following the first reading of the Ordinance, Director Joyce moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock and 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 I