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01-18-94516 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 18, 1994 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None. 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 Lewellen, followed by the Pledge of Allegiance. Pulaski County Clerk Carolyn Staley was present and informed the Board of Directors and citizens of Little Rock that the voter registration records for voters south of the Arkansas River are being reviewed and those residents that have not voted in four years will be sent a postcard notifying them they have thirty (30) days to be reinstated to the voter registration list. Director Priest presented Certificates of Appreciation to Cub Scout Pact 381, Girl Scout Troop 389 and Boy Scout Troop 426 for participation in the Southwest Little Rock Stash the Trash Day on January 8, 1994. Director Adcock presented Certificates of Appreciation to Joa Stafford Humphrey, President of Southwest Little Rock United for Progress (the umbrella organization responsible for Stash the -- Trash Day), for all she has done for Southwest Little Rock; and to Pam Adcock for her assistance in planning Stash the Trash Day. Director Joyce presented a Certificate of Appreciation to Radio Station Power 92 for its assistance in the reduction of youth crime in Little Rock and for reduction of playing gangster rap music on its station. Consideration was then given to the Consent Agenda, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held October 19, 1993, and the special meeting held October 20, 1993. (b) Resolution No. 9,076, entitled: A RESOLUTION AUTHORIZING THE CITY, MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR ZOYSIA GRASS SOD FOR THE PARKS AND RECREATION DEPARTMENT. (Winrock Grass Farm) (c) Resolution No. 9,077, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR RECONSTRUCTION OF WEST 26TH AND MAPLE STREETS, AN 18TH YEAR CDBG PROGRAM PROJECT FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Hogan Construction Company - $151,048.) (d) Resolution No. 9,078, with the title being: A RESOLUTION AUTHORIZING THE AWARD OF THE CONTRACT TO NEC TECHNOLOGIES FOR AN AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM; AND FOR OTHER PURPOSES. 1 Minutes January 18, 1994 (e) Resolution No. 9,079, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CIVIL DESIGN, INC. FOR ENGINEERING SERVICES TO DESIGN EVERGREEN STREET, FLORIDA TO GARFIELD, A 1988 CAPITAL IMPROVEMENT LOCAL STREET BOND PROJECT. (f) Resolution No. 9,080, described as: A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CONSTRUCT A NEW BOX CULVERT ON VICTORY STREET BETWEEN THIRD AND FOURTH STREETS. (Harold Davis Construction Company - $122,000.) (g) Resolution No. 9,081, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD FOR A JOINT USE DRAINAGE AREA AS PART OF THE UNIVERSITY DRAIN, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (University - Chicot- Cloverdale Drain.) (h) Resolution No. 91082, entitled; A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE ISSUANCE OF NOT TO EXCEED $17,000,000 CITY OF LITTLE ROCK LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS, SERIES 1994. (February 15, 1994.) (i) Resolution No. 9,083, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ACCURATE PLASTIC MOLDING, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at #1 Otter Creek Circle.) Upon motion and second by Directors Lewellen and Mason, respectively, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meeting held October 19, 1993 and the special meeting held October 20, 1993, were approved as written and distributed to the Board of Directors; and (b, c, d, e, f, g, h and i) Resolutions No. 9,076, 9,077, 9,078, 9,079, 9,080, 9,081, 9,082 and 9,083 were read in full and adopted unanimously by the Board Members present. There was a motion and second by Directors Sharp and Keck, respectively, to place on the Agenda for consideration later a Resolution regarding the residency requirement for City employees. (See Resolution 9,073 adopted January 4, 1994.) After a brief discussion, the motion was adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Roy and Sharp - total 9; Noes - Director Lewellen - total 1; Not Voting - Director Priest - total 1. (See proposed Resolution on page 11.) At the time allotted for Citizen Communications, the first speaker was Mr. Jerry Robinson, 3305 Wolfe Street, who addressed the Board of Directors regarding King's Day (Martin Luther King, Jr.). He asked why the Board of Directors did not participate in the celebration; why citizens were not guaranteed secure safety; why do we let the media dictate what we should do and how we should do it. Mayor Dailey said that it was a very delicate situation and in light of the media event and the perception it was going to focus on gangs, he elected not to participate in the Martin Luther King, Jr. Celebration. In previous years City officials have participated, but this year the general invitation did not go to all the City Directors. 2 517 51,8 Minutes January 18, 1994 The next speaker was Mr. Bennie Johnson, 1805 West 18th Street, founder of Stop the Violence Program. Mr. Johnson expressed concern for the children of Little Rock and suggested an outreach program to help the children throughout the City. Ms. Julia "Bitty" Martin, 117 Rosetta Street, secretary of the Capitol Avenue /Stifft Station Neighborhood Association, stated the Stifft Station residents are in a three year process of hopefully becoming an historical district, but in the interim would like the City of Little Rock to work with them and allow them to erect a sign for Stifft Station, which would be vintage artwork of a trolly car. Vice Mayor Mason asked that this request be assigned to City Staff to work with Ms. Martin. Ms. Phyllis Henderson, 36 Hatfield, expressing concern about the implementation of Future - Little Rock, asked if citizens were welcome to serve on Future- Little Rock committees, and why the Board of Directors appointed co- chairs rather than allowing the committees to do so. Mayor Dailey and Vice Mayor Mason invited all interested citizens to participate in the Future- Little Rock implementation and write the City Manager to express interest in serving on one of the committees. Director Keck stated that he would not be introducing a Resolution regarding the closing of Archwood Road in Boyle Park, as he had indicated at the Agenda Meeting on January 12. Director Joyce stated she had requested increased police patrol in Boyle Park and along the streets involved, and will be meeting with staff of Neighborhoods and Planning, Traffic, and Parks and Recreation, and should have information for Board members in three or four weeks. A public hearing had been scheduled for this time and place by a motion adopted on January 4, 1994, on the appeal filed by Michael Straughan, of the Planning Commission's approval of a Conditional Use Permit for Central Baptist Church located at 15601 Taylor Loop Road. Mayor Dailey declared the public hearing open. Mr. Jim Lawson, Director of Neighborhoods and Planning, displayed a map and made a brief presentation, stating the Planning Commission approved a Conditional Use Permit for a church at 15601 Taylor Loop Road, and an appeal was filed by Mr. Straughan. Mr. Jesse S. Reed, 4100 Lacy Lane, read a letter from Mr. Hugh Wells in support of the Conditional Use Permit for the church. Mr. Dwight Sefcovic, Associate Pastor of Central Baptist Church, was present with approximately 30 supporters from the church and the neighborhood. Mr. Sefcovic explained the church had a master plan that included future arowth. but due to opposition from the neighborhood, the future development was dropped. The church bought an additional 7 acres so there would be adequate buffer around the property, and the neighborhood would not be disturbed. The church officials also agreed to move an existing culvert, so the runoff would not flood the property of one of the neighbors. Mr. Michael Straughan, 2 Heatherbrae Circle, spoke in opposition to the Conditional Use Permit and presented a petition with signatures of 98 concerned residents in Heatherbrae and Deer Park. He said the residents were not opposed to the church itself, but were opposed to.the associated school and recreational facility which would generate traffic in the area, and were very concerned about the traffic problem. He attempted to show a brief video of the area. Also speaking in opposition to the C.U.P. due to the impact of the additional traffic were Mr. Kim Light, 28 Heatherbrae Circle; Mr. Bo Plyler, 43 Heatherbrae Circle; and Mr. Steven Fleischhacker, 27 Heatherbrae Circle. Mr. Light also urged the Board to enact a moratorium on further Conditional Use Permits for private schools attached to churches until the impact of such actions on the Little Rock School desegregation is determined. The video was shown to Board members after Mr. Light spoke. Mr. Lawson responded to some of the comments made by Mr. Light, stating the school would only be allowed to have 35 students and the 3 r r Minutes January 18, 1994 basketball facility was not approved. Also the church will be required to widen Taylor Loop Road and construct a sidewalk on its part. Taylor Loop Road is a minor arterial on each end and will be widened as development occurs. Speaking in support of the C.U.P were Mr. Steve Ledford, 4001 Montgomery Rd.; Mr. Nick Adams, 4005 Montgomery Road ( "we had rather have a church in the hand than whatever in the bush ") ; Ms. Donna Power, 9904 Snider Court; Mr. J. A. Penney, 2311 Vollman, Mr. John Jacobsen, (316 Stevenson, Jacksonville) a church member for 50 years, and Mr. Herschel Bowman, Jr. of Dietz & Bowman Realtors. In response to Director Keck's question, Mr. Lawson stated that only Phase I was approved which allows the school to have up to 35 students, and the church would have to go through the conditional use permit process to expand to Phase II. Director Priest was concerned that once Phase I C.U.P. is allowed there is a tendency to justify what is wanted to be done because of what has already been done. Mr. Lawson said Phase II would have to be analyzed just like Phase I was and there is no guarantee that Phase II would be approved. Director Mason had questions regarding the school (number of students, activities provided, etc.). City Attorney Tom Carpenter suggested this is strictly a land use issue on an already existing church and school, and the nature of the questions should be related to zoning. Following questions and comments by Directors Hendrix and Lewellen, Mayor Dailey declared the public hearing closed. There was a motion by Director Priest to rescind the Planning Commission action. No one seconded the motion. Therefore, the proposed Resolution to rescind the Planning Commission action was not presented, and the Planning Commission's approval of the Conditional Use Permit stands. The next presentation was Ordinance No. 16,571, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER MOUNTAIN DISTRICT, LOCATED NORTH OF PLEASANT RIDGE ROAD AND AROUND FAIRVIEW ROAD TO SUBURBAN OFFICE, PUBLIC USE AND SINGLE FAMILY; AND FOR OTHER PURPOSES; and there was a third and final reading of the Ordinance, having been read the first time on December 21, 1993, and the second time on January 4, 1994. (See discussion related to Ordinance No. 16,572 below.) A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen, Mason, Dailey, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - Director Adcock - total 1; Abstentions - Director Hendrix - total 1. Whereupon, the Ordinance was PASSED. Introduced next was Ordinance No. 16,572, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 3844 -B - To rezone 2.24 acres at Fairview Road and Pleasant Ridge Road from 11R -2" Single- family and "NF -6" Multi- family Districts to 110-3" General Office District.) v and there was a third and final reading of the Ordinance, having been read the first time on December 21, 1993, and the second time on January 4, 1994. Ms. Cloie Morgan, 10 Cedar Branch, spoke in opposition to the rezoning. She was concerned because there is not a contract in position at this point for use of that land and in the meeting with Mr. Jim Hathaway the previous week, he said there was no guarantee that what was shown on the plan was what would be built. Mr. Mark D'Auteuil, 11903 DeSoto Forest Drive, representing Pleasant Forest Subdivision, also spoke in opposition to the reclassification, stating they do not want to see this develop any other way than residential. One of the 4 519 520 Minutes January 18, 1994 problems we have is that we don't know what is to come. Ms. Lee Anne Fitzgerald, 11 Cedar Branch Court, was also opposed to the rezoning, stating that allowing offices is not acceptable to the neighborhood. City Attorney Tom Carpenter stated that there are certain conditions the applicant has volunteered as opposed to agreed to. While this is not a Planned Unit Development as such, it is in the nature of one. When the Board gets into the position of bargaining, it becomes contract zoning, which is illegal. Mr. Jim Hathaway, representing the owners Jerald and Jaquetta Johnson, made a lengthy presentation. Mr Hathaway said a meeting was held Monday night, January 10, 1994, but there was no resolution of the case. He distributed a booklet containing various exhibits regarding the rezoning of 2.24 acres at Fairview and Pleasant Ridge Road. Page 1 listed the following restrictions: (a) a building height restriction of 24' or two - story; (b) maximum lot coverage of 25 %; (c) no curb cut on Fairview Road; (d) a 20' wide landscaped buffer along the Pleasant Ridge Road frontage except for the curb cuts; and (e) a 15' wide landscaped buffer along the eastern boundary of the property and that portion of the northern boundary which abuts single - family zoning - in addition to the required 6' opaque fence. Mr. Hathaway said not only would the Ordinance with the restrictions be in the City files, but he would also file the Ordinance in the Pulaski County Circuit Clerk's Office so that a title search would reveal the restrictions. He also discussed the land use in the area. Following his lengthy presentation, a roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen, Mason, Dailey, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - Director Adcock - total 1; Abstentions - Director Hendrix - total 1. Whereupon, the Ordinance was PASSED. At 8:35 Mayor Dailey declared a five minute recess. When the Board reconvened at 8:40, Mayor Dailey presided and all Directors were present. Consideration was then given to Ordinance No. 16,573, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED REES DEVELOPMENT SHORT -FORM PCD (Z -5756) LOCATED AT 215 -301 BOWMAN 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. (See Minutes of December 21, 1993 and January 4, 1994, for first and second readings of the Ordinance.) Mr. Scott Roberts, 11,805 Birchwood Drive, president of the Birchwood Neighborhood Association, said residents did meet with Mr. Rees on Thursday, January 13, 1994 and heard his explanation. The Association voted unanimously to support the PCD with C -1 permitted uses only. However, the members also voted unanimously to recommend denial of the video store, because the hours of operation and the high intensity use would not be suitable adjacent to a residential neighborhood. In a letter to the Board, he listed four conditions to be included in the PCD Ordinance: (1) dumpster pickup between 8:00 a.m. and 5:00 p.m. (2) no doors and windows on the back of the property; (3) eight foot privacy fence on top of the retaining wall; and (4) overlapping 15 foot bushes in the 20 foot buffer area below the retaining wall. Mr. John Rees, the applicant, responded to some of the concerns expressed by Mr. Roberts. He said he did not have a video store signed up, but needs to have that option. Referring to the four conditions listed by Mr. Roberts, Mr. Rees proposed a 6 foot fence instead of an 8 foot fence. There would be no windows on the back and only rear doors for fire access if required. He contacted the waste disposal company, who agreed to dumpster pickup between 7:00 a.m. and 6:00 p.m. Following Mr. Rees' presentation, there was a motion by Director Roy, seconded by Director Priest, to 5 Minutes January 18, 1994 521 approve the PCD with 11C -1" Neighborhood Commercial permitted uses and one additional use of a video rental store with conditions proposed by Mr. Rees. The motion was unanimously adopted, and there was a third and final reading of the Ordinance, as amended. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, was declared PASSED. Ordinance No. 16,574 was then introduced, described as: AN ORDINANCE AMENDING THE CITY LAND USE PLAN IN THE BOYLE PARK DISTRICT, LOCATED WEST OF WESTERN HILLS BOULEVARD ALONG ASHER AVENUE; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Lewellen and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously by the Board Members present, being it in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,575, entitled; AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED INDUSTRIAL DISTRICT TITLED "DAVIS PID" (WEST 44TH AND WESTERN HILLS) (Z- 4172 -A) 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; (Z- 4172 -A - Reclassifying property at West 44th and Western Hills from "NF -18" Multi- family and 110-2" Office Districts to Planned Industrial District titled Davis PID.) and the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Lewellen and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. R 522 Minutes January 18, 1994 Introduced next was Ordinance No. 16,576, 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 STREET IMPROVEMENTS. (Z- 4172 -A - Waive requirements for street improvement for West 44th Street - for Davis PID.) Mr. Mike Kumpuris, 7606 Westwood Avenue, spoke briefly about the access at the intersection of Western Hills and Asher Avenue. He said the Neighborhood Association wanted the sidewalks on Western Hills and an agreement had been reached in a meeting with Mr. Atley Davis, the applicant. Mr. Jim Lawson explained that the applicant had dropped his request for waiver of the requirement to build sidewalks. City Attorney Tom Carpenter pointed out the changes to be made in the proposed Ordinance as follows: Subsection (a) - add the phrase "for West 44th Street" and to delete Subsection (b) which was the request for waiver of sidewalk construction. There was a motion and second by Directors Priest and Mason, respectively, to make the revisions as stated, and the motion was unanimously adopted. The Ordinance was then read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Lewellen and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,577, described as: AN ORDINANCE AMENDING CHAPTERS 30, 31 AND 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE STANDARDIZATION OF REGULATIONS FOR DRIVEWAYS, CURB CUTS, SITE ACCESS AND CIRCULATION; AND FOR OTHER PURPOSES; the Ordinance was read the first time. There was a motion by Director Lewellen to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Lewellen and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 7 i' , Minutes January 18, 1994 The next presentation was Ordinance No. 16,578, entitled: AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF THE LIGHTING AND PROHIBITED SIGNS PROVISIONS, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mrs. Kathy Wells spoke in opposition to the proposed Ordinance, stating she supported keeping the sign ordinance restrictions that are now in place. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, also spoke in opposition to the proposed Ordinance. She said the League strongly opposes the 500% increase in the number of days special events banners can be displayed (increased from 28 days or 4 weeks a year to 168 days or 24 weeks) , and asked the Board to consider decreasing the number of weeks banners can be displayed. Mr. Joe Morgan, representing Service Chevrolet, spoke in support of the Ordinance, saying "the time limit on signs is vital to us. This would be business friendly." The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading, by a motion made by Director Mason, seconded by Director Adcock, and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion and second by Directors Adcock and Keck, to again suspend the rules and place the Ordinance on third reading. The motion was unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance. Director Roy was opposed to the increase in the display of banners. Director Lewellen suggested the time frame for banners be decreased. Following a brief discussion, a roll call vote was taken on passage of the Ordinance as recorded: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, and Sharp - total 11; Noes - Director Roy - total 1; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, and Sharp - total 11; Noes - Director Roy - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,068, adopted on January 4, 1994, and notice thereof duly published on January 11, 1994, and January 18, 1994, on the petition filed by White Daters for Covenant Presbyterian Church, to vacate and close a portion of Parkside Court in Block 13 of Parkway Place, Second Phase. Attached to the petition was a certified copy of the plat of Parkway Place, Second Phase, 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 of abutting property. The closure was approved by the Planning Commission. 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. 16,579, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF PARKSIDE COURT IN BLOCK 13 OF PARKWAY PLACE, SECOND PHASE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of 8 523 524 Minutes January 18, 1994 Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Priest, and seconded by Director Lewellen, to again suspend the rules and place the Ordinance on third and final reading, and 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 - elect. (Directors Adcock and Hendrix were excused at 9:55 o'clock P.M.) Following the third and last reading of the Ordinance, a roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,068, adopted on January 4, 1994, and notice thereof duly published on January 11, 1994, and January 18, 1994, on the petition filed by Melanie Gibson, agent for West Markham Associates, to vacate and abandon a public utility easement in Lot 7 of Bixler Commercial Subdivision. Attached to the petition was a copy of the plat 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 of abutting property. Mayor Dailey declared the public hearing open. No opposition was presented, and Mayor Dailey closed the public hearing, and introduced Ordinance No. 16,580, described as: AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 7 OF BIXLER COMMERCIAL SUBDIVISION OF THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Priest, and seconded by Director Lewellen, to again suspend the rules and place the Ordinance on third and final reading, and 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 - elect. Following the third and last reading of the Ordinance, a roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,581, entitled; AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE AND REFURBISH A 1971 SEAGRAVE FIRE LADDER UNIT FOR THE FIRE DEPARTMENT, AUTHORIZING SOLE SOURCE PURCHASE OF THIS UNIT DUE TO THE CRITICAL NEED FOR THIS EQUIPMENT; (Powerco, Inc. - not to exceed $40, 000.) and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Priest, and seconded by Director Lewellen, to again suspend the rules and place the Ordinance on third and final reading, and 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 0 n r> Minutes January 18, 1994 525 Directors - elect. Following the third and last reading of the Ordinance, a roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance was declared PASSED. Ordinance No. 16,582 was then introduced, with the title being: AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDDING; AWARDING A CONTRACT TO THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK TO PERFORM AN EVALUATION OF THE NEIGHBORHOOD ALERT SYSTEM IN COOPERATION WITH THE LITTLE ROCK -- FIGHTING BACK PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Priest, and seconded by Director Lewellen, to again suspend the rules and place the Ordinance on third and final reading, and 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 - elect. Following the third and last reading of the Ordinance, a roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent Directors Adcock and Hendrix - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent Directors Adcock and Hendrix - total 2. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. (Directors Adcock and Hendrix re- enrolled at 10:05 o'clock P.M.) Mayor Dailey announced that Item 15 had been removed from the Agenda. Therefore, no action was taken on the proposed Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSES AND PRIVILEGE TAXES; TO REGULATE THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES." A public hearing had been scheduled for this time and place by Resolution No. 9,066, adopted January 4, 1994, on the approval of a Second Supplemental Trust Indenture relating to the City of Little Rock Industrial Development Revenue Bonds for the Omega Project. Notice of hearing was published on January 4, 1994. Mayor Dailey declared the public hearing open. No opposition was presented, and Mayor Dailey declared the public hearing closed. Resolution No. 9,084 was then presented, with the title being: A RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE SECURING THE CITY OF LITTLE ROCK INDUSTRIAL DEVELOPMENT REVENUE BONDS (OMEGA PROJECT) SERIES 1984 AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a full reading of the Resolution. Director Roy moved for the adoption of the Resolution. The motion was 10 526 Minutes January 18, 1994 seconded by Director Mason, and the Resolution was adopted by unanimous voice vote of the Board Members present. Introduced next was Resolution No. 9,085, entitled: A RESOLUTION OF INTENT TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PULASKI COUNTY TO FUND AN ADDITIONAL PUBLIC DEFENDER FOR THE LITTLE ROCK MUNICIPAL COURT; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Roy, seconded by Director Scheibner, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. Consideration was then given to Resolution No. 9,086, described as: A RESOLUTION NOTING THE TASK FORCES TO IMPLEMENT THE PROVISIONS OF THE FUTURE- LITTLE ROCK PROPOSALS MADE POSSIBLE AS A RESULT OF THE ONE -HALF CENT SALES TAX; NAMING THE CO- CHAIRS OF THESE TASK FORCES; AND FOR OTHER PURPOSES. (City Directors named as co- chairs: Race Relations - Jim Dailey; Museum - Hamp Roy; Education Commission /Early Childhood /Educare - Jesse Mason, Jr.; Regional Economic Development - Jeff Sharp; Housing Partnership /Landbank Authority - Erma Hendrix; Rental Inspection Program - Joan Adcock; Minority Economic Development - John Lewellen; McClellan School - Linda Joyce; Fourche Creek Development Plan - Linda Joyce; Prevention, Intervention & Treatment - Michael Keck and Jim Dailey; Street Lights - Carl Scheibner; Enhancement of Capitol Avenue - Jesse Mason, Jr.) (See Minutes of January 12, 1994.) City Attorney Tom Carpenter noted that the Resolution would be revised to contain only the City Director co- chairs, since other co- chairs had not been notified. Ms. Kathy Wells, president -elect of the Coalition of Little Rock Neighborhoods, spoke regarding the selection of citizens to serve on the various task forces to plan how the City will spend the $12,000,000 additional sales tax dollars. The Resolution was then read. Director Lewellen made a lengthy statement, expressing his interest in serving on the Prevention, Intervention & Treatment Task Force, stating it should have the maximum minority involvement. During the lengthy Board discussion, Director Adcock asked that the words "and Board of Directors" be added after City staff in Section 3 of the Resolution and that Section 4 include the words "City staff and Board of Directors." There was a motion by Director Scheibner, seconded by Director Hendrix, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. In conjunction with the motion adopted earlier in the meeting (see page 2), Director Sharp introduced a proposed Resolution, entitled: A RESOLUTION TO REPEAL LITTLE ROCK, ARK. RESOLUTION NO. 9,073 (JANUARY 4, 1994), ESTABLISHING A RESIDENCY REQUIREMENT FOR NEW EMPLOYEES OF THE CITY HIRED AFTER JANUARY 1, 1994; AND FOR OTHER PURPOSES. Director Sharp said "we should encourage people to live in Little Rock, but not force them to do so." Directors Keck and Scheibner also spoke in favor of the repeal of Resolution No. 9,073. Director Mason said he felt the action taken previously was in the best interest of the City of Little Rock and was opposed to the repeal. Directors Hendrix and Lewellen were also opposed to the repeal. Mr. Robert "Say" McIntosh, Ms. Betty Fletcher, Ms. Jeannette Booth, and Mr. Jim Lynch spoke in support of the residency requirement and urged the Board of Directors to stick with that action and do not rescind Resolution No. 9,073. 11 Minutes January 18, 1994 Following the lengthy discussion and the reading of the Resolution, there was a motion and second by Directors Keck and Scheibner, respectively, to adopt the Resolution. A roll call vote was taken on adoption of the Resolution, with the results recorded as follows: Ayes - Directors Scheibner, Keck and Sharp - total 3; Noes - Directors Lewellen, Mason, Adcock, Hendrix and Joyce - total 6; Abstentions - Mayor Dailey and Director Priest - total 2; Absent - None. Therefore, Mayor Dailey announced that the Resolution had FAILED. Added to the Agenda at the request of Director Hendrix was Ordinance No. 16,583, described as: AN ORDINANCE TO PERMIT MEMBERS OF THE BOARD OF DIRECTORS TO SIGN ORDINANCES, RESOLUTIONS, MOTIONS OR OTHER WRITINGS AS SPONSORS, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Roy moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Scheibner, and unanimously adopted by the Board Members present, being 11 in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Scheibner, seconded by Director Joyce, 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 11 in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. Mayor Dailey requested that Board Members notify the City Clerk and City Attorney when they wish to sign an Ordinance or Resolution as sponsor. The roll call vote taken on passage of the Ordinance is recorded as follows: Ayes: Directors Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. At 11:25 o'clock P.M. Mayor declared the Board of Directors in recess to go into executive session to discuss appointments. When the Board of Directors reconvened at 11:25, Mayor Dailey presided and the following Directors were present: Directors Priest, Sharp, Lewellen, Mason, Adcock, hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director Roy - total 1. Mayor Dailey announced that the Board of Directors discussed the appointment of Meredith Catlett to the Water Commission, which was made at the reconvened meeting held January 12, 1994. (See Resolution No. 9,075.) Director Lewellen stated the Board may have made an illegal appointment, and asked that the record reflect that he would have voted "no" on the appointment of Ms. Catlett. Director Keck stated he would have voted "aye" if he had been present. (See Minutes of January 12, 1994.) (Note: On 1 -12 -94 City Manager Charles Nickerson read the list of names of those appointed to various Boards and Commissions and the vote was taken on the complete list, rather than individual names.) There was a brief discussion regarding the way votes are taken on appointments. Director Lewellen recommended voting on each individual appointment. Director Priest stated a roll call vote should be taken only as needed. 12 527 528 Minutes January 18, 1994 There being no further business to be presented, the Board of Directors adjourned at 11:35 o'clock P.M. to meet again in regular session on Tuesday, February 1, 1994, at 6:00 o'clock P.M. IL ATTEST: APPROVED: CITY CLERK ROBBIE HANCOCK YOR JIM DAILEY 13