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06-02-98f 194 Due to the Citizen Police Academy Reception at the Governor's Mansion, the Board of Directors Meeting was scheduled to begin at 7:00 o'clock P.M. Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas June 2, 1998 - 7:23 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock, with the following Directors present: Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Director Wilson - total 1. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Hinton, followed by the Pledge of Allegiance. Bryan Day, Assistant Director of Parks & Recreation, announced the beginning of the Riverfest Amphitheatre Concert Season this weekend. Mr. Tim Polk, Director of Housing and Neighborhood Programs, introduced the Marlow Manor Property Owners Association, which was a Neighborhood of the Year Finalist at the NUSA Conference in Portland, Oregon. Mr. Gary Sharp, president of the Association, made a slide presentation, stating this was the same presentation that was made in Portland, Oregon, where Marlow Manor won second place as Neighborhood of the Year at the Neighborhood USA (NUSA) Conference. Orlando, Florida won first place. Mr. Polk then presented a plaque to the Marlow Manor Property Owners Association. City Manager Cy Carney announced that Tim Polk has accepted an offer from the City of Atlanta, Georgia as head of its Neighborhood Redevelopment Department and will be leaving July 10, 1998. The Board of Directors then interviewed Dr. Karl David Straub for appointment to the Little Rock Water Commission. Following the interview, Resolution No. 10,282 was presented, with the title being: A RESOLUTION APPOINTING DR. KARL DAVID STRUAB TO THE LITTLE ROCK WATER WORKS COMMISSION. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. Mayor Dailey noted that Item 10 on the Consent Agenda had been withdrawn for evaluation by the City Manager. Therefore, no action would be taken on the proposed Resolution entitled: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT PROVIDING $49,869 IN CDBG FUNDS TO THE CENTRAL ARKANSAS DEVELOPMENT COUNCIL." Consideration was then given to the Consent Agenda which consisted of the following: (2) A motion to set the date of hearing for June 16, 1998, on the appeal of Planning Commission's denial of the of the application to rezone 1518 -1520 Wright Avenue (Z- 4373 -C) from "O -1" Quiet Office to "C -1" Neighborhood Commercial District. (Appeal filed by Darrell G. Canfield.) Minutes June 2, 1998 195 (3) Resolution No. 10,283, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 20 OF GIBRALTER HEIGHTS ADDITION, TO THE CITY OF LITTLE ROCK, ARKANSAS, AND TO ABANDON ALL RIGHTS OF EASEMENT IN SAID ALLEY. (June 16,1998) (4) Resolution No. 10,284, with the title being: A RESOLUTION CHANGING THE NAME OF THAT PORTION OF WEST CAPITOL AVENUE, FROM SOUTH UNIVERSITY AVENUE TO MCKINLEY STREET, TO SAINT VINCENT CIRCLE. (5) Resolution No. 10,285, entitled: A RESOLUTION TO AMEND RESOLUTION NO. 9,184 (JUNE 21, 1994) TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR AMERICAN COMPOSTING, INC. TO PROVIDE YARDWASTE PROCESSING AND COMPOSTING SERVICES TO THE CITY; AND FOR OTHER PURPOSES. (6) Resolution No. 10,286, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT PROVIDING $124,000 IN HOME CHDO FUNDS TO THE MCCLELLAN COMMUNITY DEVELOPMENT CORPORATION. (7) Resolution No. 10,287, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH EAST- HARDING, INC. TO CONSTRUCT ROCK WORK AND STEEL WORK IN THE LION EXHIBIT. (8) Resolution No. 10,288, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRANFORD CONSTRUCTION COMPANY IN THE AMOUNT OF $996,160 FOR CONSTRUCTION OF THE 1998 RESURFACING PROGRAM. (9) Resolution No. 10,289, described as: A RESOLUTION APPROVING THE DISTRIBUTION OF EMERGENCY SHELTER GRANT FUNDS IN THE AMOUNT OF $61,000 TO PROVIDERS OF HOMELESS ASSISTANCE. (Advocates for Battered Women, Centers for Youth and Families, Our House, Salvation Army, Gaines House, and Little Rock Community Mental Health) (10) Withdrawn as stated above. (11) Resolution No. 10,290, with the title being: A RESOLUTION TO AUTHORIZE A GRANT APPLICATION TO THE ARKANSAS DEPARTMENT OF HUMAN SERVICES/ DIVISION OF YOUTH SERVICES AND THE ARKANSAS COALITION FOR JUVENILE JUSTICE IN THE AMOUNT OF $79,000.00 FOR PREVENTION AND TREATMENT INTERVENTIONS. Upon a motion and second by Directors Adcock and Kelly, respectively, the Consent Agenda was adopted by unanimous voice vote. 196 Minutes June 2, 1998 Mayor Dailey announced that Chicago's Mayor Daley had succeeded in bringing Sears, a major retailer, back downtown. At the request of Little Rock's Mayor Dailey, Chicago's Mayor Daley is sending information about various incentives to bring major retailers back downtown, which may be helpful to the City of Little Rock. Vice Mayor Keck suggested the possibility of having a tiered permit fee that would encourage businesses to locate in certain areas of the City. At the time allotted for Citizen Communications, the first speaker was Mrs. Joa Stafford Humphrey, 5022 West 56th Street, president of the Geyer Springs Neighborhood Association. She stated that Mabelvale Pike is a 1988 Bond Issue that has been ignored. She wanted to know why nothing had been done. Public Works Director Chandra Russell said Mabelvale Pike is one of the projects put into competition at METROPLAN this year for TIP funds with the 80 %/20% match, and it appears that it will be funded as part of the 1999 Transportation Improvement Projects. Director Adcock said that Pulaski County was supposed to do a portion of Mabelvale Pike and she asked City Manager Cy Carney to find out how much County money would be spent on the road and what kind of partnership there would be. The next speaker during Citizen Communications was Mr. Sandy Becker, 3801 Tudor Drive, who spoke on behalf of the Pankey community in west Little Rock regarding funding for youth programs in the Pankey area. He asked the City to actively engage with the Pankey community to provide some type of youth services. Directors Hinton, Cazort and Kelly will meet with Mayor Dailey and Mr. Becker to discuss youth programs for the Pankey community. Item 13 on the Agenda was Resolution No. 10,292 described as: A RESOLUTION AUTHORIZING LITTLE ROCK WASTEWATER TO EXTEND A SEWER MAIN FOR CONNECTION TO AN EXISTING SEWER MAIN ON PROPERTY OUTSIDE THE CITY LIMITS AT THE NORTHEAST CORNER OF ARCH STREET AND DIXON ROAD; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Mr. Robert McFarlane displayed a map of the area. He said the property is 2000 feet from the City limits and is contiguous to England Acres on the south side. He explained the project and stated that he had already signed pre - annexation agreements for both water and sewer. (See discussion in Minutes of May 19, 1998.) In response to a question by Director Adcock, City Manager Cy Carney stated that water has been approved for this project. Extraterritorial zoning has not been extended this far. Director Adcock asked if there would be water and sewer extended to the City's Police Training Facility and the horse stable, which is in the county and near this property. Sewer will be extended to the Police Training Facility but will have to be approved by the Board of Directors. Mr. Carpenter said the England Acres development occurred before the City adopted its water /sewer policy. Pre - annexation agreements have been signed, but the question is at what point will the City ever grow to this point to bring them into the City. Director Kumpuris was concerned that the City had no control over this selective small area. There was some discussion of extending the Extraterritorial Zoning to include this area, but not include those properties that objected to the City's extraterritorial control. The process would take about two months. The Board could adopt this Resolution with the amendment that before any tie -ons are complete, the development would have to be in conformance with City planning and zoning guidelines. Director Cazort then moved to amend the Resolution to add: "Section 2. No sewer tie - ons will be permitted until the property has been reviewed for planning and zoning compliance." The motion was seconded by Director Keck and unanimously adopted. There was a subsequent motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Cazort and the Resolution, as amended, was unanimously adopted. As a follow up to Resolution No. 10,291 above, City Attorney Tom Carpenter requested a formal motion regarding the Extraterritorial Plan. Whereupon, Director Keck 3 Minutes June 2, 1998 197 moved to direct staff to come back with the Extraterritorial Plan for this area. The motion was seconded by Director Adcock and unanimously adopted. Item 14 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 17,008 ESTABLISHING ONE SOURCE HOME CENTER AMENDED LONG -FORM PCD (Z- 4933 -D) AND AMENDING ORDINANCE NO. 15,990 MECHANICS LUMBER COMPANY LONG -FORM PCD (Z- 4933 -B), AND PROVIDING FOR THE RECLASSIFICATION OF PROPERTY LOCATED AT 15701 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS," which was withdrawn from the Agenda for two weeks. (Note: Item had previously been withdrawn on December 16, 1997.) Also, Item 15 on the Agenda was a related proposed Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKNSAS, PROVIDING FOR A WAIVER OF BOUNDARY STEEET IMPROVEMENTS FOR KANIS ROAD FOR ONE SOURCE COMMERCIAL SUBDIVISION LOCATED AT 15701 CHENAL PARKWAY," which was withdrawn from the Agenda for two weeks. (Note: The Ordinance was read the first time on May 19, 1998) Consideration was then given to Ordinance No. 17,734, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - COMMERCIAL TITLED BLAIR SHORT -FORM PD -C (Z- 4167 -D) LOCATED AT 9715 COLONEL GLENN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Mr. Dennis Sobba, 9601 Colonel Glen Road, spoke in support of the PD -C, stating this area was deteriorating until Mr. Blair moved there and started making improvements. Mr. Jim Lawson, Director of Planning and Development, made the staff report and explained staff s recommendation of denial because the proposed zoning does not conform to the City's Future Land Use Plan. This property is currently in violation because it was approved as an office showroom, but now operates as a maintenance yard and utility facility. Mr. Pat McGetrick, the engineer representing the applicant Don Blair, explained the proposal. He said Mr. Blair has met with the neighbors several time trying to make the site more compatible. Mr. McGetrick responded to questions by the Board. In response to a question by Director Adcock, Mr. McGetrick agreed to certain restrictions for lighting and delivery times. Lighting will be directed inwarded and shielded, and the hours of deliveries will be from 7:00 A.M. to 6:00 P.M. These restrictions will be added to the application. Following the lengthy discussion, the rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Adcock, and Mayor Dailey - total 8; Noes - Directors Hodges and Kelly - total 2; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,735, described as: AN ORDINANCE REVOKING ORDINANCE NO. 16,687 AND ESTABLISHING A REVISED PLANNED OFFICE DISTRICT TITLED MARCIE HEIEN REVISED SHORT -FORM POD (Z- 2058 -C) LOCATED AT 2121 WATT STREET 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; n 198 Minutes June 2, 1998 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,736, with the title being: AN ORDINANCE REVOKING ORDINANCE NO. 16,872 AND ESTABLISHING A REVISED PLANNED DISTRICT - RESIDENTIAL TITLED HUNTER'S GREEN - REVISED LONG -FORM PD -R (Z- 4587 -B) LOCATED AT THE END OF HUNTER'S GLEN BLVD. IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,737, entitled: AN ORDINANCE REVOKING ORDINANCE NO. 16,630 AND ESTABLISHING A REVISED PLANNED DISTRICT - RESIDENTIAL TITLED THE OAKS OF CHENAL REVISED PD -R LONG -FORM (Z- 5588 -B) LOCATED AT THE SOUTHWEST CORNER OF CHENAL PARKWAY AND CHENAL CLUB BLVD. IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,738, described as: AN ORDINANCE REVOKING ORDINANCE NO. 16,403 AND RE- ESTABLISHING A REVISED PLANNED DISTRICT - RESIDENTIAL TITLED GREY SHORT -FORM PD -R (Z- 5661 -A) LOCATED AT 2016 N. VAN BUREN STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. 5 Minutes June 2, 1998 199 Introduced next was Ordinance No. 17,739, with the title being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED NEWKIRK -- SHORT -- FORM POD (Z -6472) LOCATED AT 811 N. SPRUCE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSE; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,740, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED MAXMART #2 SHORT FORM PCD (Z -6476) LOCATED AT 19,500 CANTRELL ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,741, described as AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENT FOR MAXMART LOCATED AT 19500 CANTRELL ROAD; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,742, 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 AND RIGHT -OF -WAY DEDICATION REQUIREMENTS, AND DEFERRAL OF SIDEWALK REQUIREMENTS FOR BARROW ROAD CHURCH OF CHRIST CHURCH OFFICE LOCATED AT 8804 BYRON STREET; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two - thirds or more of the members of the Board of 6 Zoo Minutes June 2, 1998 Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,743, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED HIGHLAND OFFICE COMPLEX SHORT -FORM POD (Z -6479) LOCATED AT THE SOUTH END OF EMBASSY DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,744, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED CATHEDRAL SCHOOL -- LONG - FORM POD (Z -6483) LOCATED ON THE SOUTH SIDE OF CANTRELL ROAD, IMMEDIATELY WEST OF NORTH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,745, with the title being: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HARRIS CONSTRUCTION COMPANY IN THE AMOUNT OF $240,955 FOR CONSTRUCTION OF THE 1999 HANDICAP RAMP PROGRAM; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,746, entitled: AN ORDINANCE AUTHORIZING THE TRANSFER OF $100,000 FROM THE WORKERS' COMPENSATION RESERVE ACCOUNT TO THE GENERAL FUND; 7 k Minutes 201 June 2, 1998 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. At 9:10 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 9:25 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Wilson was absent.) Due to a problem with his voice, Mayor Dailey asked Vice Mayor Keck to preside for the remainder of the meeting. Item 22 on the Agenda was a proposed Ordinance, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED HAGOOD SHORT -FORM PCD (Z- 6473), LOCATED AT 8801 ARNOLD STREET IN THE CITY OF LITTLE ROCK, AKRNASAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK;AND FOR OTHER PURPOSES. Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, stating the applicant proposes to construct an addition to the existing residence for use as a one chair beauty shop in a residential area. The remainder will continue to be used as a residence. The PCD is tied to this owner only. The primary use is still single family residential. There are two sides of this issue: (1) that there should never be any kind of business use in a single family residential area; and (2) if someone plans to live in the house, operate a business there, and maintain the residence, do we want to encourage that? This is clearly a policy decision by the Board of Directors. There has been some discussion of home occupation or cottage industries in certain neighborhoods to help declining neighborhoods, but determining what type of home occupations will be allowed and in which neighborhoods is very difficult. He then responded to questions by the Board regarding the Neighborhood Action Plan, parking, etc. Mr. Troy Laha, Vice President of the Cloverdale Neighborhood Association, spoke in opposition to the PCD. He asked the Board to deny the request, stating there are two beauty shops already in this area and parking in the street will create a traffic problem. Mrs. Joa Humphrey, 5022 West 56th Street, also spoke in opposition, stating if we allow businesses to come into our neighborhood it does something to the integrity of the neighborhood. Neighborhoods should not be forced into having businesses in them. Mrs. Bessie Hagood, the applicant, said they live behind Kroger's on Geyer Springs and next to a beauty shop and dentist office and have very good relationships with their neighbors. Customers will not be parking on the street because the driveway is being extended to accommodate 3 or 4 cars. She also has permission from the dentist next door to use that parking area when necessary. Mr. James Hagood concurred with his wife's comments. He said Arnold Drive is a dead end street and there will be no problem with parking. Responding to Mayor Dailey's question regarding home businesses, Mr. Lawson stated that beauty/barber shops are not allowed as home occupations. City Manager Cy Carney advised the Board that the Planning Commission recently started looking at home occupations and will continue to look at them and come back to the Board with recommended Ordinance changes. Director Adcock said we need to stand behind the neighborhood plan. Following the lengthy discussion, the rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Director Hinton and Vice Mayor Keck - total 2; Noes - Directors Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 8; Absent - Director Wilson - total 1. Whereupon, Vice Mayor Keck announced that the Ordinance had FAILED. (See Director Kumpuris' statement following Ordinance No. 17,74 7 below.) 8 202 Minutes June 2, 1998 Item 23 on the Agenda was a related proposed Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF RIGHT -OF -WAY DEDICATION REQUIREMENTS FOR 8801 ARNOLD STREET." (Re: Z -6473) No action was taken pursuant to the failure of Item 22 above. A public hearing had been scheduled for this time and place by Resolution No. 10,274, adopted May 19, 1998 on the petition to vacate and close a portion of Johsua Street from 32nd Street north to the alley in Block 3, Remmel Addition. The petition was filed by Ron Woods on behalf of J.M. Products, Inc. The notice of hearing was published in the Daily Record on May 26, 1998 and June 2, 1998. Vice Mayor Keck declared the public hearing open. No one was present who wished to speak on the issue. Whereupon, Vice Mayor Keck declared the public hearing closed and Ordinance No. 17,747, was presented, described as: AN ORDINANCE ABANDONING AND CLOSING A PORTION OF JOSHUA STREET (FORMERLY PEYTON STREET) FROM 32ND STREET NORTH TO THE ALLEY IN BLOCK 3, REMMEL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Director Kumpuris said there ought to be someone present to represent the Planning Commission. We have completely reversed the Planning Commission's decision (referring to Zoning Case Z -6473 - Hagood PCD above). We have completely changed what the Planning Commission has been doing. We are cheapening their work by not having someone here to explain their thought process. I don't feel like we are being fair to the Planning Commission or that we are getting the full depth of their thought process. Director Wyrick said the Board has directed Mr. Lawson, the Director of Planning and Development, on two or three occasions to either bring to the Board a report from the Planning Commission or have someone from the Planning Commission present. The problem is we don't know what is going to be a controversial issue, we don't know when there is going to be a breakdown in what they propose and approve and what the Board does. Mr. Lawson has indicated he will bring a report on the Planning Commission's rationale. If that is what we want, we need to let Mr. Lawson know. Director Hodges said he thought the issue is on a 7 -4 vote of the Planning Commission, how do you have one person represent both sides. The difficulty I have is when Jim Lawson can't really explain the Planning Commission's rationale. Those should be the times when a Planning Commissioner should be present, certainly not for every issue. Director Kumpuris suggested directing Jim Lawson and Cy Carney and the Board representative on the Planning Commission to explain the dilemma to the Planning Commission and see if they have a way they think their thought process can best be conveyed to the Board. City Attorney Tom Carpenter suggested that when an issue comes up at a Board of Directors meeting, then do not let the Ordinance proceed to third reading and ask for Planning Commission representation at the next meeting. Mayor Dailey said if we could empower the Planning Commission to handle these issues and make these decisions, then the Board would not have to go through these scenarios. Director Adcock suggested having the video of the Planning Commission meetings to review on controversial issues. Also the Board members could partner with Planning Commission members to ask about decisions. Director Wyrick said Neighborhood Action Plans were designed so we would not have these issues. Staff didn't follow plan and the Planning Commission didn't follow plan. I think we need to pay particular attention to what comes out of the Neighborhood Action Plans. Director Kumpuris then 7 Minutes June 2, 1998 203 moved to send back to the Planning Commission the question of how they might want their views to be better expressed and ask them to give us their thoughts and actions they would like us to consider. Ask the Planning Commission to give us an idea about how their thoughts and actions can best be conveyed to us when there is an issue coming back before us. The motion was seconded by Director Hodges and unanimously adopted. Introduced next was Ordinance No. 17,748, with the title being: AN ORDINANCE AMENDING CHAPTER 28 OF LITTLE ROCK, ARK., REV. CODE (1998) RELATING TO LANDFILL TIPPING FEES ASSESSED TO PULASKI COUNTY AT THE CITY LANDFILL; and the Ordinance was read the first time. City Manager Cy Carney explained the residents outside the City in Pulaski County will be brought to parity, and there will no longer be a discount for Pulaski County residents. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 10,292, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOSES, NOSARI AND TUCKER FOR ACQUISITIONS AND RELATED WORK INVOLVING THE PRESIDENTIAL LIBRARY SITE. Following the reading of the Resolution, City Manager Cy Carney explained this is the package of services to move forward quickly for acquisition of the 26 plus acres for the Clinton Presidential Library site and to assist in relocating businesses that are located on some of those parcels. The City does not have the internal staff capacity to do this in a timely manner. Mr. Carney then responded to a number of questions by the Board. Mr. Jimmy Moses also responded to questions by the Board. Following the discussion, Director Adcock moved for adoption of the Resolution. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. Consideration was then given to Ordinance No. 17,749, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR CONSTRUCTION OF STREET AND DRAINAGE ON MAPLE (WEST 16TH - WEST 17TH) OAK (WEST 21ST - WEST 27TH) AND WEST 17TH STREET (MAPLE - PINE), A 1988 CAPITAL IMPROVEMENT BOND PROJECT; ($438,720) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Wilson total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,750, described as: AN ORDINANCE TO CREATE A COMMUNITY HOUSING ADVISORY BOARD; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (Note: The Ordinance had been deferred from April 21, 1998 and May 19, 1998) Vice Mayor Keck questioned the number of members for a quorum. Mayor Dailey then moved to amend Section 6 to revise the number of 10 204 Minutes June 2, 1998 members for a quorum from five members to six members. The motion was seconded by Director Adcock and unanimously adopted. The rules were then suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Vice Mayor Keck, and Mayor Dailey - total 9; Noes - Director Cazort - total 1; Absent - Director Wilson - total 1. Therefore, the Ordinance, as amended, was declared PASSED. At 10:38 o'clock P.M. City Manager Cy Carney gave his Activity and Project Report which included crime, juvenile criminal offenses, Ozone action days, ISTEA projects, and the US Census 2000. Vice Mayor Keck reminded citizens of the public hearing on the cable television franchise on Monday, June 15, 1998, at 7:00 o'clock P.M. in the Board of Directors Room. The last matter to be presented was Resolution No. 10,293, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES AND RACIAL AND CULTURAL DIVERSITY COMMISSION. (Arts Center - Sandra Conner, Terri Erwin, June Freeman, Mark Lee, and Monty Scott reappointed and Karen Mourot, Mike Mayton, and Terry Yamauchi appointed; Racial & Cultural - Helen Cartwright appointed.) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Hodges and the Resolution was unanimously adopted. There being no further business to be presented, the Board of Directors adjourned at 10:50 o'clock P.M. to meet again in regular session on Tuesday, June 16, 1998, at 6:00 o'clock P.M. ATTEST: (:�?,UA.41 K4, a- City Clerk Robbie Hancock 11 APPROVED: ;ftA 0 yor Jim Dailey