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04-04-00687 � Minutes City Hall — 500 W. Markham Little Rock, Arkansas April 4, 2000 — 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following Directors present: Hinton, Lichty, Cazort, Keck, Stewart, Vice mayor Wyrick, Kumpuris, Kelly, Adcock — total 8; Absent — Directors Pugh and Kumpuris — total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: Director Lichty, followed by the Pledge of Allegiance, gave the Invocation. Director Pugh enrolled at 6:15 P.M. Director Kumpuris enrolled at 6:30 P.M. Mayor Dailey recognized Mike Blakley, Director of the Little Rock Zoo. Mr. Blakely who announced he was pleased that the Board of Directors Meeting was going to be held the following Tuesday at the Little Rock Zoo, and looked forward to everyone coming out. Cy Carney, City Manager announced that the meeting next week would be at the Civitan Amphitheater; providing better accommodations for large crowds and the public was invited to attend. Mayor Dailey announced there were some additions and deletions to the agenda. Addition: Item (a.) — National Merit Scholars presentations. Deletions: Item 16 — which were withdrawn by the Little Rock Municipal Water Works. And Item 24. Deferred due to incomplete petition. Item M -1 to be deferred for 1 week. Director Lichty moved to also add items 25, 27, 28, 29, 30, 32 to the consent agenda. Director Hinton seconded the motion. A unanimous voice vote was taken and the listed items were added and deleted to the agenda. Agenda Modification — M -1: (This item was added, and then deleted due to the proposed agreement not being finalized.) AN ORDINANCE APPROVING THE TERMS AND PROVISIONS OF THAT CERTAIN AMENDED, RESTATED AND SUBSTITUTED LEASE AND CONCESSION AGREEMENT (THE "AMENDED LEASE AND CONCESSION AGREEMENT ") BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS (THE "CITY ") AND BG EXCELSIOR LIMITED PARTNERSHIP, A TENNESSEE LIMITED PARTNERSHIP AND CERTAIN ESCROW AGREEMENT BY AND AMONG BEACH ABSTRACT AND GUARANTY COMPANY (THE, "ESCROW AGENT "), THE CITY AND BG EXCELSIOR LIMITED PARTNERSHIP; AUTHORIZING, EMPOWERING AND DIRECTING THE MAYOR AND CITY CLERK TO MAKE AN EXECUTE AND DELIVER THE AMENDED LEASE AND CONCESSION AGREEMENT, DECLARING AND EMERGENCY AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. AGENDA MODIFICATION -M -2, Resolution No. 10,809: A RESOLUTION MAKING APPOINTMENTS TO THE DOMESTIC VIOLENCE COMMISSION. DELETIONS TO THE AGENDA: Item (16) An ordinance authorizing a contract between the Little Rock Municipal Water Works and the Sardis Water Association: to declare an emergency; and for other purposes. Meet, Item (24) Public Hearing and Ordinance to close the alley between West 18`h Street and 191h Street in Block 5 Blankenship Addition. Director Adcock stated that because the Board was so frustrated in dealing with the Candlewood Drive issue (Item 13 on the 4 -4 -00 Agenda) that Mr. Dickson Flake, an outside attorney, was asked t by the City Attorney, Tom Carpenter to work with Mr. Rule and Mr. Whisenhunt to see if he could work through some of the problems. Director Adcock stated that Mr. Flake had called her that afternoon and informed her that an agreement had been reached that he would like to appear before the Board to address the issue. Director Adcock moved to allow Mr. Dickson to come before the Board, Director Adcock moved the allow Mr. Flake to come before the Board to address the issue. Director Lichty seconded the motion. A voice vote was taken; all were in favor of the motion. Mr. Dickson Flake stated the parties had reached an agreement and requested that the Board move the item forward to the subsequent readings and pass the Ordinance. Director Lichty asked for a brief indication of the nature of the agreement. Mr. Flake stated the package incorporated most of the agreement, but the additional things were the handling of any excavation material and the access of the Kroger Store rear drive, to enter Candlewood Drive. Director Lichty made a motion to defer the item until there was an actual written agreement. There was no second to the motion. Mayor Dailey asked if Mr. Flake had any comment. Mr. Flake stated that representatives of all parties were there and would confirm that there was an agreement. He offered to provide a faxed copy of the agreement to the Board members. Mr. Flake stated the Trustee of Char -Beck has signed the agreement and that he had talked to Mr. Rule by phone that afternoon and he was in total concurrence. Mayor Dailey asked for the second reading of Item 13. Ordinance No. 18,246 titled: AN ORDINANCE TO REPEAL LITTLE ROCK ORDINANCE NO. 18,186 (JANUARY 2000), AND TO REOPEN CANDLEWOOD DRIVE. A motion was made by Director Cazort and seconded by Director Kumpuris to suspend the rules and place the item of third and final reading. The Ordinance was read the third and final time. By voice vote, the Ordinance was passed unanimously. Director Adcock then thanked Dickson Flake for showing outstanding community service by assisting the Board in working through this issue. Director Adcock made a motion to add Item 24 to the consent agenda. Director Kumpuris seconded the motion. A unanimous voice vote was taken, adding the item to the consent agenda. Director Hinton made a motion, seconded by Director Stewart to add Item 26 to the grouped items. A voice vote was taken, all were in favor, and the item was added. Mayor Dailey presented national Merit Scholars their awards. The recipients were: Scott Crabtree — Pulaski Academy, Robert Moseley — Pulaski Academy, Jordan Greenwald — Pulaski Academy — Carrie Proctor —Mt. St. Mary Academy, Christopher Booth — Little Rock Central, Beju Naugindu — Little Rock Central, Jane Cherry — Little Rock Central, Brice M. Goods — (absent) — Little Rock Central, Christopher Thomas — Little Rock Central, Sara Tucker (absent) — Little Rock Central, - Ragivan Mahadivan — Pulaski Academy, Allison Petcher, - Pulaski Academy, Rachel Shaver, - Arkansas Baptist Areliha Jones, - Little Rock Central, Nichole Anderson, - Hall High, Jennifer Epps, - Parkview High, Toby Choe, (absent) — Little Rock Central, Pauline Hall, - Little Rock, Central , David Nance, Little Rock Central, Stuart Price, -Little Rock Central, Brady Taylor (absent), - Little Rock Central, Jordan Tinsley (absent) — Little Rock Central, Ross Werner, (absent), Jonathan Kelly — Catholic High, Julia Cato, - Arkansas Baptist, Josh Hefley, Arkansas Baptist, Samuel Fuller, - Little Rock Central, Bryan Dorfman, - Little Rock Central, Jonathan Light, - Little Rock Central, Elizabeth Oswald, - Little Rock Central, James Storey, (absent) - Little Rock Central, Trevor Grandal, (absent) Pulaski Academy, Jason Baxter (absent) — Catholic High, Michael Roach, (absent) - Catholic High, Megan Rice (absent) — Mt. St. Mary, Athea Price (absent) — Arkansas Baptist, L i 0 Jonathan Fields, Little Rock Central, Farad Baherasa, - Arkansas School for Mathematics and Sciences. Mayor Dailey recognized the parents of the recipients. Director Adcock asked for the teachers and administrators to also be recognized for their contributions. Dr. Bryant Williams, Director of the Black Family Studies Program at Philander Smith College introduced the new academic discipline and as part of the Black Families Studies Program they would be having a distinguished lectureship series and on April 14, Dr. Andrew Billingsley would be the first lecturer. Dr. Williams invited the Board to come out and participate with them. Dr. Williams left posters with the Board advertising Dr. Billingsley's presence and visit. Introduced next was the Consent Agenda. Item (1) Approval of the minutes of the Board of Directors regular meeting held October 5, 1999, the reconvened meeting held October 12, 1999, the regular meeting held October 19, 1999, the reconvened meeting held October 26, 1999; the regular meeting held November 2, 1999, and the reconvened meeting held November 9, 1999. Item (2) Resolution No. 10, 795, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS IN SUPPORT OF THE PECAN LAKE, STAGECOACH -DODD, AND WESTWOOD NEIGHBORHOOD ACTION PLAN. Item (3) Resolution No. 10, 796, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS IN SUPPORT OF THE OTTER CREEK/CRYSTAL VALLEY NEIGHBORHOOD ACTION PLAN. Item (4) Resolution No. 10, 797, with the title being: A RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH TRANSYSTEMS CORPORATION, FOR TRAFFIC SAFETY STUDIES FOR FIVE INTERSECTIONS. Item (5) Resolution No. 10, 798, entitled: A RESLOUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR SCOTT HAMILTON SIDEWALK AND CANTRELL ROAD PEDESTRIAN FACILITY. Item (6) Resolution No. 10, 799, described as: A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE DEEDS FOR THE SALE AND DEDICATION OF A CITY OWNED PROPERTY TO ARKANSAS HIGHWAY COMMISSION ON LA HARPE BOLUVARD. Item (7) CONSIDERATION WAS THEN GIVEN TO A MOTION TO SET PUBLIC HEARING TO RESCIND THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT TO ALLOW THE OWNER/OCCUPANT OF THE RESIDENCE AT 2403 KRISTINA COURT TO OPERATE A DAY CARE FAMILY HOME. (Z- 6803) Item (8) Resolution No. 10, 800, with the title being: 3 ••e A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO -YEAR CONTRACT EXTENSION WITH UNUM LIFE INSURANCE COMPANY OF AMERICA, FOR THE PURPOSE OF PROVIDING LONG -TERM DISABILITY INSURANCE COVERAGE FOR NON - UNIFORM CITY EMPLOYEES; AND FOR OTHER PURPOSES. (Resolution forthcoming.) Item (9) Resolution No. 18, 801, entitled: A RESOLUTION APPOINTING SCOTT SWANDER TO A TOURISM INDUSTRY POSITION ON THE CITY OF LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION OF LITTLE ROCK, ARKANSAS FOR A TERM OF FOUR (4) YEARS COMMENCING ON MAY 1, 2000. Introduced next: Item (10) was a motion to set the date of public hearing for April 18, 2000 for approval of the issuance of not to exceed $38,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Acxiom Corporation Project), Taxable Series 2000 (the "Bonds "), by the City of LittleRock, Arkansas (the "City ") under the authority of the Municipalities and Counties Industrial Development Revenue Bond Law. Item (11) was a Public Hearing and Resolution No. 10,802, To set the date of hearing on the petition to vacate and close Victory Street between Capitol Avenue and West Sixth Streets in Original City Addition to the City of Little Rock, Arkansas. (Amended) Item (25) Resolution No. 10, 803, described as: A CAPITAL IMPROVEMENT PROJECT FOR CONSTRUCTION OF THE FINAL COVER ON CELL 1 OF THE CLASS I LANDFILL IN THE AMOUNT OF $409,790.00 PLUS 10% CONTINGENCY FROM THE SOLID WASTE REVENUE BOND FUND. Item (27) Resolution No. 10, 804, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOHN T. WRIGHT CONSTRUCTION COMPANY FOR THE PURPOSE OF CONSTRUCTING A NEW AFFORDABLE HOME AT 8101 WEST 22ND STREET. Item (28) Resolution No. 10, 805, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOHN T. WRIGHT CONSTRUCTION COMPANY FOR THE PURPOSE OF CONSTRUCTING A NEW AFFORDABLE HOME AT 2215 SINGLETON COVE. Item (29) Resolution No. 10, 806, described as: A RESOLUTION APPROVING SUBMITTAL OF 2001 TRANSPORTATION IMPROVEMENT PROGRAM (TIP). Item (30) Resolution No. 10, 807, entitled: A RESOLUTION TO ADD CERTAIN STRUCTURES TO THE CONDEMNATION ORDINANCE NO. 17, 955; AND FOR OTHER PURPOSES 4 691 Item (32) Resolution No. 10, 808, described as: A RESOLUTION IN SUPORT OF THE LITTLE ROCK SCHOOL DISTRICT MILLAGE INCREASE TO BE VOTED ON IN AN ELECTION HELD ON MAY 9,2000; AND FOR OTHER PURPOSES Upon a motion by Director Adcock, with a second to the motion by Director Keck, the Consent Agenda was adopted by unanimous voice vote. Senator Riggs spoke briefly asking for support of the Little Rock School District Millage Increase and the benefits of the increase. Mayor Dailey then opened up Citizen Communication: Don Darnell spoke on westward expansion. His point was that almost every week there is something happening in Little Rock that is a result of the westward expansion, and most of it is negative, and asked the Board to look at that, and hoped the Vision Little Rock program will take a hard look at the future of Little Rock; where we are going and where we are growing. Jim Lynch spoke next on New Party ideas: How to best attain a sustainable future for the City of Little Rock which includes a moderately priced dwelling unit policy, in all parts of Little Rock, a greater emphasis on the Public Schools, more emphasis on Public Transit, and an emphasis on a living wage policy. The next speaker was Redonia Harshaw, speaking of the need for a living wage in Little Rock. Susan Sims spoke on tree preservation and green space that is need in Little Rock. Elizabeth Ploughman spoke on the issue of public transportation, had suggestions from bus riders on how the city could improve the bus system. Kathy Wells spoke in favor of affordable housing, and how the environment plays a part in how well students do in public schools. Ms. Wells asked the Board to stop exempting corporations from taxes, and to use the money to build a better Little Rock. Donna Massey spoke as a representative of the New Party's sustainable community campaign, focusing on the need for education. Don Baker, a representative of ACORN, spoke against the tax exemption for large corporations. Bryon Norwood was the next speaker during Citizen's Communication. He spoke of his concern for the Youth of the city. Presented a proposal for Arkansas Starz Dance Competition, primarily to give the youth a stage to express themselves creatively vs. some other manner and asked the Board to consider funding or partnership of the City, and asked this to be placed as an agenda item. Director Kelly suggested that Mr. Norwood call Barbara Osborn, Director of Community Programs for the City, to see if there might be funding or partnership with the city. Mayor Dailey then asked for any questions, or comments regarding Item 12 — Ordinance No. 18,248 entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, PROVIDING FOR A WAIVER OF MASTER STREET PLAN STREET IMPROVEMENTS REQUIREMENTS FOR O'REILLY AUTO PARTS STORE LOCATED AT THE NORTHEAST CORNER OF ASHER AVENUE AND FAIR PARK BLVD. (Ordinance No. 18, 248) (Second reading). Mr. Carney stated this was a difficult issue that had been put before the Board, that the staff recommendation continues to officially be - we would like this applicant to participate in the cost of the construction of that right -hand turn lane as adjacent to the property, the cost estimated at $30,000 to $100,000.), however he had spoken with the corporate offices earlier in the day, and was convinced this really was a make or break issue for the company and whether the project moves forward or not depends on this request for a waiver. Mr. Carney stated that he was convinced for this particular location for this neighborhood, this project should go ahead. The corporation had also advised him that this would mean employment, starting off between 10 -12 jobs and up to 18 -20 jobs for this business location, which is significant in terms of capital investments and employment for the neighborhood. Mr. Carney stated the city would like to have this on record as officially opposing the waiver, however, the bigger issue and cause for careful consideration of this waiver, would not be disappointing to staff if the waiver were x.692 granted. Director Adcock and Director Lichty stated they would like to see some sort of deferral structure because they did not think the city should give up the right to have that corner improved at some time in the future. Mr. Carney restated the company's position was that it would have to be the waiver, and that was their position. Director Kumpuris asked if the company were granted a waiver, would they accept the waiver only as long as they had the property? Mr. Brown, the representative for O'Reilly stated they would. Director Kumpuris asked Mr. Carpenter, City Attorney if this was possible. Mr. Carpenter offered that the language he would propose would be "for purposes of construction necessary to complete the initial development of the O'Reilly Auto Parts Store at this location ". Director Keck moved to amend the Ordinance as offered by Mr. Carpenter, with Director Adcock seconding the motion. A unanimous voice vote was taken to amend the ordinance. Mayor Dailey asked for the second reading, as amended. The ordinance was read the second time as amended. Director Adcock moved to suspend the rules and place the ordinance on third and final reading, Director Hinton seconded the motion. Board members took a unanimous voice vote and the rules were suspended and the ordinance read the third and final time. By a unanimous voice vote ordinance was adopted. Mayor Dailey asked for the grouped items to be read the first time. The Grouped items consisted of Items 16 17, 24, 26. The items were read the first time. Item (16) Consideration was then given to Ordinance No. 18, 250, with the title being: AN ORDINANCE TO RE -ZONE PROPERTY LOCATED AT 6800 -6900 PINNACLE VALLEY ROAD FROM "R -2" SINGLE FAMILY TO "AF" (AGRICULTURAL AND FOREST DISTICT, AND "OS" (OPEN SPACE DISTRICT) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANAS; AND FOR OTHER PURPOSES The next presentation was Ordinance No. 18, 251, described as: Item 17 - AN ORDINANCE REZONING PROPERTY LOCATED AT 6400 PATRICK COUNTRY ROAD FROM "R -2" (SINGLE FAMILEY DISTRICT) TO 4-3" (GENERAL OFFICE DISTRICT) AMENDING CHAPTER 36 OF THE CODE OF ORDINANCNES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Read as grouped item.) Item (24) Consideration was then given to Ordinance No. 18, 257, with the title being: AN ORDINANCE GRANTING A FRANCHISE TO THE ARKANSAS TEACHER RETIREMENT SYSTEM FOR AIR RIGHTS ABOVE WEST SIXTH STREET FOR A PEDISTRICN SKYBRIDGE CONNECTING A PARKING DECK WITH THE VICTORY BUILDING AT THE CORNER OF CAPITOL AND VICTORY STREETS; FOR THE PURPOSE OF CONSTRUCTION, ERECTION, MAINTENANCE, OPERATION AND REPAIR OF AN ENCLOSED SKYBRIDGE OVER WEST SIXTH STREET (Read as grouped item.) Item (26) Introduced next was Ordinance No. 18, 258, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR ASHER AVENUE RIGHT -OF -WAY AND CITY MATCH FOR VARIOUS TRANSPORTATION IMPROVEMENT PROJECTS. (Read as grouped item.) After brief discussion on Item 24, The Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by 31 693 unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. Director Keck asked that the "Blue Birds" soccer team be introduced. Each team member introduced himself or herself. Mayor Dailey asked for the following ordinance to be read the second time. Consideration was then given to Ordinance No. 18,249 entitled: �- Item (14) A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED BALE CHEVROLET HONDA REVISED PCD, LOCATED AT 13101 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCES NO. 15, 472, NO. 15, 735, NO. 15, 736, AND NO. 16, 083 AND CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. The ordinance was read for the second time. Director Keck stated that as late as today, he had witnessed dealers loading and unloading vehicles in the middle of "No parking" areas, stating further that this continues to be a problem, and he had a problem in allowing P.C.D.'s to expand to allow more cars to be shown when they have a hard time managing the existing number of cars that are on the dealership, which was the reason for his opposition. Tim Daters, and Bob Ralston, the representatives for Bale Honda, addressed the issue. Mr. Daters stated on the Bale site there was adequate room on the site to unload the tractor - trailers on the site and the car carriers on the site.. Some of the automobiles that are picked up or sold at auction are picked up by independent transport drivers who might not be familiar with the facility and operation, but if they are unloading on the street, there is no need for that because there is room on the property for that. He stated he has asked the dealership to come up with procedures developed over the next couple of weeks addressing the issues. He stated he felt the intention was to comply with the city ordinances, and not create a nuscience or hazard on the public street. Director Keck stated he had seen this particular dealer unload in areas not designated. Mr. Daters stated they would not accept any vehicles if they did not use the designated places. Director Keck said if the ordinance could be amended to reflect these procedures, he would be willing to support the issue. Mr. Daters said they would get a building permit for parking lot expansion to go with this, and they would get those details and changes in writing in to their staff to get something the Board can look at before the building permit is applied, so that the Board could see they are changing away from the status quo. Mr. Carney commented on the continuing parking on the landscaped area stating that if agreeable to the Board that could perhaps be addressed with procedures related to this permit. Mr. Daters stated they could make that a condition. Mr. Carpenter suggested that if the Board wanted to do that, they might amend section three of the ordinance to add "provided that signage and other measures shall be put into place to assure that automobiles will not be unloaded on to any city street and provided further, that no vehicle shall be parked on any landscaped area." Director Keck made the motion to accept the amendment to the ordinance, with Director Adcock seconding the motion. Mayor Dailey asked for a voice vote to be taken, all were in favor of amending the ordinance. Director Keck motioned to suspend the rules and place the ordinance on third and final reading as amended. Director Adcock seconded the motion. The Ordinance, as amended, was read the third and final time. Mayor Dailey asked for a voice vote of the Board members present. The vote was unanimous and the ordinance was adopted as amended. Mr. Jim Lawson, Planning Director, gave a brief overview of the proposal on appeal. (Item 15) a public hearing on the appeal of the Planning Commissions approval 7 694 of a Conditional Use Permit for Immanuel Baptist Church at the northeast corner of Shackleford and Mara Lynn Roads. (Appeal filed by Susan McGee and neighbors.) Some of the issues were lighting, potential use of the property, and negotiations with the Walnut Valley Property Owners Association, including concessions made by the church, including the amount of open space enlarged, the number of buffers, some of which some are 100' and some 185', reducing parking spaces and not paving all the lots at once. Another issue was traffic. Mr. Lawson stated a traffic study had been done and reviewed by the Planning Commission, who asked the consultant to go back and look at some other issues. There has been concern about the access as it goes to Breckenridge Drive and how it will work with the Bible Church across the street. Mr. Lawson said the church had agreed to provide for an off duty police officer to be assigned there and that would help quite a bit. Mr. Lawson stated the traffic study indicated that because of the peak hours being different from the peak hours that are out there now in terms of a church use is not going to have a significant increase or impact in the traffic. The church has agreed to redesign the intersection of Myra Lynn and Shackleford Road which is where the Kroger store is close to. They would re -do all of that, redo the traffic light that is there now, and add more turn lanes. Mr. Lawson indicated there was a drainage issue also, which was being addressed. In the letter of appeal there were eight points mentioned, which were: (1) This particular request was larger than what is currently allowed in terms of the land use "R -2 ", . Mr. Lawson's comments regarding this were the concern they have had from a staff standpoint and working with Walnut Valley is that because the state owns it and could put a large building on it and it would have more traffic impact and a lot of people have always felt it would not remain a single family zoning next to the Kroger store. (2) Lighting pollution is an issue, Mr. Lawson stated as it is in most large establishments. Mr. Lawson said in working with the applicant they are going to have very small lights on the north side of the lot, the large lights would be on the south side next to the commercial development. This has been designed to not have negative effects on the people in Walnut Valley. (3) Drainage is a issue, Mr. Lawson commented that the Public Works Department has been working on it, and feels those issues have been addressed, (4) The wish to leave the area undeveloped to keep the trees. Mr. Lawson said he wished the city had public funds to buy some property to keep trees and not let it develop, but that it didn't, but that the church had agreed to keep as many trees as possible from a development standpoint in the 20% that he had mentioned earlier (5) Staff appearing to be an advocate for the church. Mr. Lawson said he was only trying to address the points from an informational standpoint, and did not agree with that. (6) The concern that the amount of traffic volume would decrease the property values. Mr. Lawson again cited the traffic study, which did not indicate that. (7) Concern over daily events of the church would have significant impact during the day. Mr. Lawson stated that from what they had learned, it would no have a great impact, that very small groups of people come during the day. Mr. Lawson stated they were not saying Shackleford Road is not a traffic issue, because it has been for many years. He stated that the Planning Staff was a good development and that the church was going out of their way to do everything they could to help the traffic problem in the area. In conclusion, Mr. Lawson said he felt it was a good site plan that had been worked on for months and it is being endorsed by the Walnut Valley Board, it is not as good as nothing being built there, but that was not going to happen, it was not realistic, and could be developed with buffers, or input from anyone because it's owned by the state. He stated they were still concerned with the traffic but with the redesign of the Myra Lynn, Shackleford and Breckenridge and the traffic signals that were going to be located in them, that the staff felt very comfortable with this development as it stands. At 8:05 P.M. Director Keck made a motion to recess to an executive session, Director Adcock seconded the motion. A unanimous voice vote was taken, and the meeting was recessed. The meeting reconvened at 8:23 P.M. City Manager, Cy Carney announced the appointments for the Domestic Violence Commission. The three at large position recommendations were: Ms. Elizabeth Henderson, Mr. Gary Raper, Ms. Laima Smith, for Health Care Position, Ms. Wilda Knox, the Education Position, Gary Westenhiser, and the Clinician Position, Mr. Glen Meldahl. Director Keck made the motion to adopt the resolution to make the 695 appointments, Director Adcock seconded the motion. The vote was unanimous by the Board members present, and the resolution was adopted. Speakers opposed to the church locating in the area were: Susan McGee, who filed the petition to appeal the Ordinance, spoke against the church locating in their neighborhood. Ms. McGee reiterated the eight points that Mr. Lawson had listed earlier, were very important issues to her and the neighborhood, and the impact it would have on the neighborhood. Bernice Van Sickel, Mr. Russell Lamont, Ruth Bell, Bob Price, Becky Weaver, Jan Taylor, Peggy Fletcher, Barbara Levin. Jim Irwin, Mike Coulson, William Sutton, Rex Horn, represented the church, and was there to answer and respond to inquiries made by citizens and the Board. Mayor Dailey declared the Public Hearing closed. Mayor Dailey asked the clerk to read the resolution. The resolution was read, Director Cazort made a motion to adopt the resolution, there was no second, and the motion failed, and the action of the Planning Commission was upheld. Mayor Dailey asked for the first reading of Item 18 an Ordinance titled NO. 18,252, described as: Item (18) REZONING PROPERTY LOCATED AT 2824 WEST 12TH STRET FROM 11I -2" (LIGHT INDUSTRIAL DISTRICT) TO "C -3" (GENERAL COMMERCIAL DISTRICT) AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. 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. There was brief discussion concerning what would be built on the property. The applicant, Norma Nash, answered questions concerning the store that would be built. Ms. Nash stated they wanted to demolish two old buildings, and build one new building, which would add to the neighborhood. By voice vote, the ordinance was passed unanimously. Consideration was then given to Item (19) AN ORDINANCE REZONING PROPERTY LOCATED AT 9400 STAGECOACH ROAD FROM 1111-2" (SINGLE FAMILY DISTRICT) TO 'IMF-12" (TWELVE MULTI - FAMILY DISTRICT) AND "OS" (OPEN SPACE DISTRICT) AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. Mayor Dailey asked staff to give a brief overview of the item being considered. Jim Lawson and Richard Wood, gave an overview of the property and application. Director Adcock stated that the apartments no longer add to the community that drainage is a major concern due to the increase in apartment structures in the area, and asked what was being done to off set all the concrete being put in the Crystal Valley area. Bob Turner, `- Public Works Director answered that the city has requirements for storm water detention to account for the differential in run off between an area before it's paved and after it's paved. The difference would be captured in a storm water detention facility and let out at a rate that did not exceed the before condition. Mr. Turner stated there was two reasons why property that did not flood in the past but floods today is the development itself, creating more water, the other the proper grading of the yards. Director Adcock asked Mr. Turner if two thousand apartments were constructed in this area, how much it would cost the city to take care of the drainage problem. Mr. Turner stated that regardless of 9 r we how many are constructed, this would still be a million dollar project that it should not get larger than that. Mr. Turner stated this development should not add to the drainage problem. Jim Gray and Dr. Thomas representing the owners of the property, stated they met the approval of the Planning Commission and the Staff and that they would answer any questions from the Board. There were no questions. Mr. Lynn Jenkins and Mr. Oley Rooker spoke in opposition to the re- zoning. Dr. Thomas asked the Board to grant the re- zoning. Mayor Dailey asked for the first reading of the ordinance. The ordinance was read the first time. Director Keck made a motion, with Director Adcock seconding the motion to suspend the rules and place on the second reading and third readings. The ordinance was read the second and third time. Mayor Dailey asked for a roll call vote, which was recorded as Yes — 2 — Directors Pugh and Lichty, No — 9 : Directosr Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey. The ordinance failed. Mayor Dailey asked the Board if Items 20, 21, and 22 could be grouped and read together. After the Board asked a few brief questions concerning Item 21 none of the Board members objected to grouping the items. Items 20, 21, and 22 were 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. By a unanimous voice vote of the Board members, the emergency clause was adopted —(Item 21). - Ordinance No. 18,255. Item (20) Ordinance No. 18, 253, entitled: AN ORDINANCE TO REZONE PROPERTY LOCATED AT 12805 I -30 FROM "R -2 TO MF -12 AND "OS ", AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Read as a grouped item.) Item (2 1) Ordinance No. 18, 254, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8806 MABELVALE PIKE FROM "R -2" AND "I -2" AND "OS" IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Read as a grouped item.) Item (22) Ordinance No. 18, 255, with the title being: AN ORDINANCE AUTHORIZING AN EXTRATERRITORIAL EXTENSION OF WATER SERVICE TO KINDER MORGAN POWER COMPANY; APPROVING A CONTRACT FOR CONSTRUCTION OF WATER FACILITIES; APPROVING THE ROUTE OF A WATER PIPELINE TO SERVE CUSTOMERS OUTSIDE THE CITY OF LITTLE ROCK, AND FOR RELATED PURPOSES; AND DECLARING AND EMERGENCY. (Read as a grouped item.) Mayor Dailey declared the public hearing open on Item 23. There was no action for or in opposition of the proposed ordinance. Mayor Daily declared the public hearing closed. Mayor Dailey then declared the public hearing open on Item 31. There was no opposition to the ordinance. Mayor Dailey declared the public hearing closed and asked for the first reading of Item 23 and Item 31. The ordinances were 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. By unanimous voice vote by Board members, the ordinances and the amendment was adopted. The emergency clause in Item 31 was adopted. 10 Item (23) Ordinance No. 18, 256, described as: AN ORDINANCE ABANDONING AND CLOSING A PORTION OF HARRINGTON STREET AND EAST 12TH STREET BETWEEN TOWNSEND AND HARRINGTON IN BLOCK 10 FAIRGROUNDS ADDITION IN THE CITY OF LITTLE ROCK, ARKANSAS.IN THE CITY OF LITTLE ROCK, ARKANSAS. Item (3 1) Public Hearing & Ordinance No. 18, 259, described as: AN ORDINANCE TO AMEND THE LITTLE ROCK TRANSPORTATION CODE, CHAPTER 34 -35, TO AMEND CERTAIN MAXIMUM TAXI CAB METER RATES AND ADDITIONAL CHARGES, AND FOR OTHER PURPOSES. (Ordinance was amended to include an emergency clause.) Consideration was then given to the City Manager's Activity Report: Item (33) Mr. Carney gave a brief report on the Paint Your Heart Out campaign. He passed out a news release that explained the committee and city staff had met and agreed that the Paint Your Heart Out Program would temporarily be discontinued this year, due to health issues in the removal of lead based paint used on some of the homes designated in the program, but would look at it again next year. The second item handed out to the Board members was a packet of the entire 2 -year Community Block Grant consolidated plan for the year 2000 and 2001. Director Keck asked for an update on an expected time frame of when the Board might go on line with the paperless system. Director Kelly asked for discussion the following week on the Vision 2000 process at the Agenda session. Mr. Carney stated he would address those issues in the next report. Mayor Dailey asked for a motion to recess the meeting until the following Tuesday. Director Adcock made the motion to recess, with Director Cazort seconding the motion. All were in favor and the meeting recessed at 9:35 P.M. with the Board of Directors to meet again in a reconvened session on April 11, 2000 at 4:00 P.M. The meeting was recessed to April 11, 2000. ATTEST: City Clerk Nancy Wood 11 APPROVED ayor Jim Dailey 697 i