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05-17-94Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 17, 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 Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director Priest - total 1. Mayor Dailey announced that a quorum was present and declared the Board of Directors in session. The proceedings of the meeting are recorded as follows: The Invocation was given by Director Keck, followed by the Pledge of Allegiance. Mr. Walter Malone, President -elect of the Arkansas Chapter of the American Planning Association, presented the APA media award to Vince Bailey and RCLR (the City of Little Rock government access channel) for televising the Board of Directors meetings and the Planning Commission meetings. Director Lewellen read a Proclamation proclaiming May 15 -21, 1994 as National Public Works Week in the City of Little Rock, and presented the Proclamation to Public Works Director Mike Batie, who is President of the Arkansas Chapter of the American Public Works Association. Mayor Dailey announced that Items 12 and 13 had been removed from the Agenda. Therefore, the proposed Ordinance (Item #12) entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. ORDINANCE NO. 16,561 (DECEMBER 21, 1993), THE 1994 BUDGET ORDINANCE, AND TO PROVIDE FUNDS FROM THE ONE -HALF CENT SALES TAX REVENUES TO FUND VARIOUS SERVICE RECOMMENDATIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSE" was deferred until the reconvened meeting on June 1, 1994. The proposed Ordinance (Item #13) described as "AN ORDINANCE TO ESTABLISH MINIMUM MAINTENANCE REQUIREMENTS FOR BUILDINGS AND STRUCTURES WITHIN AN OFFICIALLY DESIGNATED HISTORIC DISTRICT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES" was deferred until June 7, 1994. Consideration was then given to the Consent Agenda, which consisted of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held March 15, 1994. (b) Resolution No. 9,162, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT AND OTHER DOCUMENTS NECESSARY FOR ALLTEL CELLULAR ASSOCIATES TO CONSTRUCT A MONOPOLE AT RAY WINDER FIELD. (c) Resolution No. 9,163, with the title being: A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP ACT (JTPA) DEPARTMENT TO EXPEND AND ALLOCATE TITLES IIA, IIC, IIB AND III JTPA FUNDS DURING PROGRAM YEAR 1994 (JULY 1, 1994 THROUGH JUNE 30, 1995) FOR EDUCATION AND TRAINING SERVICES TO ELIGIBLE YOUTH AND ADULTS. 1 625 i j ,//626 Minutes May 17, 1994 (d) Resolution No. 9,164, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE 1994 HOME PROGRAM DESCRIPTION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) PURSUANT TO RECEIVING HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING. (e) Resolution No. 9,165, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE IMPROVEMENTS TO INTERSTATE PARK. ($200,000) (f) Resolution No. 9,166, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF THIRTEEN (13) PICKUP TRUCKS FOR VARIOUS CITY DEPARTMENTS. (Bale Chevrolet Geo) Upon a motion made by Director Sharp, seconded by Director Adcock, the Consent Agenda was dispensed with as follows: (a) the Minutes of the Board of Directors meeting held March 15, 1994 were approved as written and distributed to the Board of Directors; and (b, c, d, e, and f) Resolutions No. 9,162, 9,163, 9,164, 9,165 and 9,166 were read in full and adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mr. Maurice Lewis, President and Chief Executive Officer of the Arkansas Hospitality Association, who spoke in support of funding for the Parks and Recreation Department, and commended Mr. Bill Bunten, Director of the Department of Parks and Recreation. The next speaker was Mr. Dan Scott, 3400 Walker Street, a member of the John Barrow Neighborhood Association, who addressed the Board of Directors to clear up any misconception as to the boundaries of the John Barrow Neighborhood Association. He explained the membership boundaries of the Association are west to Romine Road, east to Boyle Park, south to Asher Avenue and north to Kanis Road. He referred to the vision statement of the Association which is one piece of a plan of action that is a collaborative effort of the City of Little Rock, the residents of Twin Lakes and the John Barrow Neighborhood area as a whole. Mr. Richard Brittain, 503 E. 6th St. #309, presented a revised copy of the initiative petition regarding construction of a one -lane bridge across Jimerson Creek which he is circulating to obtain signatures to place the issue on the ballot. Mr. Robert "Say" McIntosh again addressed the Board of Directors on the subject of black on black crime. Appearing on the Agenda as Item No. 2 was Zoning Appeal Z -57091 appealing the Planning Commission's denial of a Planned Unit Development titled Barrow Mini - Storage Short Form PCD, located on John Barrow Road south of Labette Drive. The public hearing was held May 3, 1994, but the Ordinance was deferred until May 17, 1994. Mr. Gene Eberle, speaking on behalf of the buyer /developer, requested that the Ordinance be withdrawn. Therefore, the proposed Ordinance entitled: "AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED BARROW MINI - STORAGE SHORT FORM PCD, LOCATED ON THE WET SIDE OF JOHN BARROW ROAD, APPROXIMATELY 300 FEET SOUTH OF LABETTE 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;" was removed from the Agenda. 2 Minutes May 17, 1994 Also withdrawn was the related Item 2 -A, a proposed Ordinance described as: "AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT, CHANGING AN AREA FROM LOW DENSITY MULTIFAMILY AND MULTIFAMILY TO MIXED USE, SOUTH OF KANIS ON THE WEST SIDE OF JOHN BARROW ROAD; AND FOR OTHER MATTERS. (Re: Z -5709 - Barrow Mini- Storage Short Form PCD.) (Director Priest was enrolled at 6:30 o'clock P.M.) A public hearing had been scheduled for this time and place by Resolution No. 9,156, adopted May 3, 1994, on the proposal to establish citywide inspections of residential rental properties. Mayor Dailey declared the public hearing open. A presentation was made by Rental Inspection Task Force Committee member Mr. Jim Lynch. He then introduced Ms. Charlotte Craig, a certified property manager and a member of the Task Force, who explained the process and implementation of the rental inspection program. One concern is that tenants will be displaced and houses will be boarded up. A training program will be developed to help property owners and neighborhoods learn to work with landlords and residents for a safer place to live. The Task Force will continue to monitor the program. She then showed the video which the Committee had prepared to educate the public about the program. Speaking in support of the Ordinance were Mr. Olan Asbury, Ms. Jeanette Booth, Mr. Bill Miller, Environmental Courts Judge David Stewart (the Ordinance will provide an effective tool to address a very vital issue to make the City cleaner and safer). Mr. Rex Johnson said he is opposed to the proposed Ordinance unless there is some "teeth" put into it regarding tenants that abuse property. Tenants need to have responsibility also. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that issue has been addressed and the "teeth" are in the Ordinance to be handled through inspections and Municipal Court. Also speaking in support of the Ordinance were Ms. Phyllis Henderson (ACORN), Ms. Katy Wells, Ms. Ethel Ambrose, Ms. Jean Conley, Ms. Rose Whitehead, Ms. Betty Fletcher, Willie Hinton, Ms. Gloria Wilson (ACORN), Ms. Marion Elliott, Dave Fletcher, and Ms. Tiffiny White (ACORN). Mr. Imran Bohra addressed the issue of bad housing inspectors. Mr. Parlester Perry (ACORN) said he had previously requested that the house at 1924 Schiller (the old Brinkley hospital) be torn down, but nothing has been done. Mayor Dailey asked staff to give the Board an update on that request at the next meeting. Other speakers were Ms. Lorene Livingston (vagrants living in 3 -story building), Fred Hawkins (carpenters are afraid to go to some neighborhoods to do repairs), and Co -Chair Lee Frazier (this is only the first step). Mayor Dailey declared the public hearing closed and Ordinance No. 16,659 was introduced, with the following caption: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK, ARK. REV. CODE (1988); ESTABLISHING SYSTEMATIC CITYWIDE INSPECTIONS OF RESIDENTIAL RENTAL PROPERTIES, PROVIDING REGULATIONS AND PROCEDURES FOR INSPECTION OF RENTAL HOUSING UNITS, PENALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EMERGENCY; (Director Sharp was excused at 7:40 o'clock P.M., but spoke in support of the Ordinance before he left.) and the Ordinance was read the first time. There was a motion by Director Scheibner, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Directors Priest and Scheibner, respectively, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was th6n read the third and last time. A 3 6271 628 Minutes May 17, 1994 roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Keck, Joyce, Priest, Roy, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Sharp - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keck, Joyce, Priest, Roy, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Sharp - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. At 7:50 o'clock P.M. Mayor Dailey declared a five minute recess. When the Board of Directors reconvened at 8:00 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Lewellen, Adcock, Hendrix, Scheibner, Keck and Joyce - total 6; Absent - Directors Priest, Roy and Sharp - total 3. A public hearing had been set for this time and place by a motion adopted May 3, 1994, on Zoning Appeal Z -5799 of the Planning Commission's denial of a Planned Commercial Development titled Coulson Oil Company Long -form PCD, located at 11500 Cantrell Road. Mayor Dailey declared the public hearing open and stated the Board had agreed to allow thirty minutes each for support and opposition to be presented. Mr. David Jones (Vogel Realty), representing Coulson Oil Company, explained the application. (Directors Priest and Roy enrolled at 8:15 o'clock P.M.) Mr. Robert Brown (Development Consultants, Inc.) explained the site plan, and Mr. Mike Coulson explained his expectations for a fast food restaurant and convenience store facility that will blend in with the residential neighborhood. Mr. Jones stated this will not destroy the Highway 10 Land Use Plan. Mr. Jones, Mr. Brown, and Mr. Coulson responded to questions by the Board of Directors. (Director Sharp enrolled at 8:40 o'clock P.M.) Attorney Mark Spradley, representing the Walton Heights Property Owners Association, spoke in opposition to the zoning, stating this development will require deviation from the Land Use Plan and there are other suitable sites close by. He concluded by urging the Board of Directors to vote no on the Ordinance. Mr. Larry Mabrey, President of Walton Heights Home Owners Association, stated there is a room full of opponents to the rezoning. He said, "As home owners, we ask you to continue to support the Land Use Plan and assure we don't have the strip zoning that happened to Highway 10." He then presented 119 letters to Mayor Dailey signed by residents that are opposed to the rezoning. Ms. Mina L. Drause, 12480 Rivercrest Drive, a real estate broker, spoke in opposition to the rezoning, and discussed the negative impact the PCD would have on property values. Mr. Donald Glowen, 13,800 Rivercrest Drive, distributed a bound copy of pictures of the intersection of Cantrell Road and Southridge showing the traffic problems and asked the Board to deny the PCD. Ms. Ruth Bell, representing the League of Women Voters of Pulaski County, said the League continues to support the Highway 10 Plan and urged the Board to vote no on the PCD. Mr. Lee Frazier, representing St. Vincent Medical Center, spoke in opposition to the rezoning, stating that St. Vincent had purchased property at Rodney Parham and Highway 10 to develop an outpatient facility and professional office building, relying on the Highway 10 Land Use Plan anticipating that the principal uses along Highway 10 would be office, institutional and multi- family housing except for previously established commercial nodes. Ms. Faith Welshans, 4 Minutes May 17, 1994 629 11473 Southridge, and Ms. Shirley Weber, 11101 Bainbridge Drive, both spoke in opposition to the PCD. At 9:15 P.M. Mayor Dailey asked for questions from Board Members. There was a staff presentation by Mr. Jim Lawson, Director of Neighborhoods and Planning. Mr. Lawson said the major issue is, are we or are we not going to support the Highway 10 Land Use Plan. The Plan shows this location to be in the Transition Zone which means we would support an office type use there. He concluded by stating if the PCD is approved it is going to be very difficult to deny other requests. Mr. Lawson responded to questions by the Board of Directors. Mr. Chris Barrier, attorney for the applicant, also responded to a question by the Board. Mayor Dailey declared the public hearing closed, and the proposed Ordinance was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED COULSON OIL SHORT -FORM PCD, LOCATED ON THE NORTH SIDE OF HIGHWAY 10, SOUTHEAST OF THE SOUTHRIDGE DRIVE INTERSECTION, 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 -5799 - Coulson Oil Company Short -form PCD located at 11500 Cantrell Road.) and the Ordinance was read the first time. There was a motion by Director Lewellen, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Sharp and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Roy, Sharp, and Lewellen, - total 4; Noes - Directors Joyce, Priest, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 7; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Since the Coulson Oil Company PCD failed, no action was taken on the companion Ordinance titled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER MOUNTAIN DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY RESIDENTIAL AND TRANSITION ZONE TO MIXED OFFICE AND COMMERCIAL, ON EITHER SIDE OF CANTRELL ROAD EAST OF SOUTHRIDGE; AND FOR OTHER PURPOSES. (Re: Z -5799 - Coulson Oil Short -form PCD.) At 9:50 o'clock P.M. Mayor Dailey declared a five minute recess. When the Board of Directors reconvened at 9:55 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner and Joyce - total 8; Absent - Directors Priest and Keck - total 2. The next presentation was Ordinance No. 16,660, entitled: 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; 5 630 Minutes May 17, 1994 (2- 3173 -A - To rezone 4.76 acres in the 2600 block of John Barrow Road from "MF -12" Multi- family District to 'IMF-1811 Multi- family District. NOTE: The application was amended to request "MF -18" for 5 acres at the northeast corner of the 30 acre site rather than the entire 30 acres.) (See page 8 of Minutes for May 3, 1994.) Mr. Harold Medlock, 3400 Walker Street, said he did not object to the nursing home since the owner has withdrawn the mental institution from the application. (Director Keck was enrolled at 10:05 P.M.) Mr. Joe Gribble, the applicant, responded to questions and explained that his intentions are to have a facility for elderly care. Mr. Conrad Hartman, speaking for the Barrow Road Neighborhood Association, said they have a signed document that there will not be a mental facility on the property, so they have no objection to the nursing home. Mr. Dan Scott stated the main concern of the Neighborhood Association was the safety of patients in the mental facility because they tend to wander, but they have letters stating there will be no mental facility on the property. They have no objection to the nursing home facility. Mr. Larry Jacimore, representing the seller, was present to answer questions. The Ordinance was then read the second time, having been read the first time on May 3, 1994. The rules were suspended and the Ordinance placed on third and final reading by a motion from Director Scheibner, seconded by Director Joyce, which was unanimously adopted by the Board Members present being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on passage of the Ordinance, with the response recorded as follows: Ayes - Directors Keck, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,661, described as: AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PLANNED COMMERCIAL DISTRICT TITLED P &L INVESTMENT CO. AMENDED SHORT -FORM PCD (Z- 4016 -D) , AND LOCATED AT THE NORTHWEST CORNER OF THE I -30 ACCESS ROAD AND WANDA LANE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,895 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Ms. Barbara Bonds, representing P &L Investment Company, explained the modifications and asked for Board approval. There was a motion by Director Scheibner to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock and unanimously adopted by the Board Members present, being ten 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 by Director Scheibner, seconded by Director Adcock, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a 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 Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application 2-5828 filed by Virgel Dexter Doyne for Pilgrim Rest Baptist Church to rezone 1.5 acres at Frazier Pike and Stout Street from "AF" Agriculture and Forestry District to "R -2" Single- family 6 Minutes May 17, 1994 District. The reclassification was approved by the Planning Commission on May 3, 1994. No opposition was presented and Ordinance No. 16,662 was introduced, with the following caption: 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 -5828 - To rezone property at Frazier Pike and Stout Street, more particularly described as Lots 7, 8, 9, 12, 13, 14 and 15, Block 1, Suburban Village of Harrington, from "AF" Agriculture and Forestry District to 11R -2" Single- family District.) and the Ordinance was read the first time. There was a motion by Director Scheibner to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock and unanimously adopted by the Board Members present, being ten 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 by Director Scheibner, seconded by Director Adcock, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and there was a 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 Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,155, adopted May 3, 1994, on the petition to vacate a public utility and drainage easement adjacent to Plot "A" Woodland Heights Subdivision, and lying within Walton Heights, pursuant to Arkansas Code Annotated Section 14 -54 -104 (Michie 1987). The petition was filed by Mr. Robert Brown (Development Consultants, Inc.) on behalf of Pleasant Ridge Development Company (associated with the Coulson Oil Company PCD - Z- 5799). Attached to the petition was a copy of the plat of Walton Heights on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract and Guaranty Company listing the last apparent owners of record of abutting property. Notice of hearing was published on May 10, 1994 and May 17, 1994. Mayor Dailey declared the public hearing open. There was no one present to speak in opposition to the abandonment. Mayor Dailey declared the public hearing closed, and consideration was given to the proposed Ordinance, entitled: AN ORDINANCE VACATING A PUBLIC UTILITY AND DRAINAGE EASEMENT ADJACENT TO PLOT "A ", WOODLAND HEIGHTS SUBDIVISION, AND LYING WITHIN WALTON HEIGHTS, A SUBDIVISION IN THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO THE ARKANSAS CODE ANNOTATED SECTION 14 -54- 104 (MICHIE 1987); and the proposed Ordinance was read the first time. Mr. Jim Lawson, Director of Neighborhoods and Planning, pointed out that this was related to the Coulson Oil Company PCD which failed, and the applicant may not wish to proceed with the abandonment. Since the applicant was not present, the Ordinance was left on the calendar for second reading on June 7, 1994, if the applicant wishes to proceed. Introduced next was Resolution No. 9,167, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND A WARD A CONTRACT TO 3D MANUFACTURING FOR THE PURCHASE OF AN AERIAL PLATFORM FIRE TRUCK; (Not to exceed $475,500.) 7 631 632 Minutes May 17, 1994 and the Resolution was read in full. Director Sharp moved for the adoption of the Resolution. The motion was seconded by Director Adcock, and by unanimous voice vote of the Board Members present, the Resolution was adopted. The next presentation was Ordinance No. 16,663, with the title being: AN ORDINANCE AMENDING CITY CODE SECTION 7 -127; ESTABLISHING FEES FOR OFF - AIRPORT BUSINESSES; AND FOR OTHER PURPOSES; (Director Priest re- enrolled at 10:15 o'clock P.M.) and there was a first reading of the Ordinance, followed by a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Lewellen, seconded by Director Adcock, and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Keck and Priest, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - 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 response recorded as follows: Ayes - Directors Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,664, entitled: AN ORDINANCE AMENDING LITTLE ROCK CITY CODE SECTION 2 -191 REGARDING BANKING SERVICES; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Lewellen, seconded by Director Adcock, and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Keck and Priest, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - 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 response recorded as follows: Ayes - Directors Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Added to the Agenda at the request of Mayor Dailey was the application for a Planned Unit Development (2-5806) titled Perkins Subdivison, Lot 1 Short -form PCD located on Bowman Road north of West 36th Street, and the proposed Ordinance was introduced, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT TITLED PERKINS SUBDIVISON, LOT 1, SHORT -FORM PCD (Z- 5806), AND LOCATED ON THE EAST SIDE OF S. BOWMAN ROAD, APPROXIMATELY 0.5 MILE NORTH OF W. 36TH 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; D: i f Minutes May 17, 1994 63 (Z -5806 - Perkins Subdivision Lot 1 Short Form PCD, located on the east side of S. Bowman Road, approximately 0.5 mile north of W. 36th Street.) Mr. Tom Cole, agent for the developer, stated he was trying to meet deadlines relative to the long term regulatory care process of the State. This is on the May 26, 1994 agenda of the Long Term Care Licenses Board. Director Adcock expressed concern that a zoning case was being added to the Agenda without notification to the neighborhood associations. The Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Priest, to suspend the rules and place the Ordinance on second reading. The motion failed to get the required two- thirds vote by the following roll call vote: Ayes - Directors Keck, Priest, Roy, Sharp, Lewellen, Mason and Mayor Dailey - total 7; Noes - Directors Joyce, Adcock, Hendrix and Scheibner - total 4. Therefore, the proposed Ordinance was left on the calendar for second reading at the reconvened meeting on June 1, 1994. Director Adcock asked that the Sandpiper Neighborhood Association and any other association within the area be notified before the meeting. Director Sharp suggested that neighborhood approval be handled at the Planning Commission level so that the Board of Directors would not have to deal with that issue. The last item to be considered was Ordinance No. 16,665, described as: AN ORDINANCE TRANSFERRING FUNDS AND APPROPRIATING MONIES FOR DEPARTMENTAL CAPITAL AND OTHER NEEDS; AND FOR OTHER PURPOSES; ($89,874 street resurfacing; $10,000 - cost share drainage project; $150,000 - bridge repairs; $195,000 - vision preference survey, traffic signals, and traffic study; $340,000 - random drug testing and personnel study and adjustments; $60,000 - housing demolition fund; $249,000 warning sirens, roof repair and replacement; $42,000 - computer aided dispatch system; $336,000 - golf course improvements, park repairs, SWLR Community Center equipment and Pankey Park improvements.) (See Minutes of May 3, 1994 and May 11, 1994.) There was a motion by Director Adcock to amend the Ordinance as follows: $250,000 for jail demolition from General Fund moved to AT &T; $50,000 for golf improvements from AT &T moved to General Fund; $100,000 for park repairs from AT &T moved to General Fund; $150,000 for Southwest Little Rock Community Complex equipment from AT &T moved to General Fund; $50,000 for roof replacement from General Fund moved to AT &T. At the request of Director Hendrix, citizens were allowed time to speak before further discussion of the motion. Mr. James Williams, Ms. Barbara Douglas, and Ms. Hattie Williams, residents of Pankey, spoke on the issue of funds for playground equipment in Pankey Park, saying the park should be on the south side of Pankey instead of the north side. Mr. Truman Tolefree, Assistant Director of Parks & Recreation, offered to meet with the Pankey Committee to discuss the location of the park and what kind of equipment would be placed there, etc. Mr. Tolefree also responded to questions regarding golf course improvements and park repairs, saying funds are needed to maintain the infrastructure. (Director Priest was excused at 10:55 o'clock P.M.) City Manager Charles Nickerson stated one major concern is in the area of the jail, and requested the $250,000 be placed in the AT &T 1994 account. Police Chief Lou Caudell responded to questions by the Board, stating there is no greater problem than jail space, but keeping the City jail open is not feasible when we can house prisoners in the new Pulaski County facility for $30.00 per day when it opens. Mr. Nickerson also added $28,000 for fire turnout gear and $50,000 for an employee development program to be funded from the AT &T capital funds. Finance 9 634 Minutes May 17, 1994 Director John Pryor advised that the Ordinance deals only with the General Fund and Street Fund, and does not involve the AT &T funds. Following the lengthy discussion, Director Roy seconded the motion made by Director Adcock. The motion to amend the Ordinance as stated by Director Adcock was unanimously adopted. The Ordinance, as amended, was then read the second time, having been read the first time on May 11, 1994. (Also see pages 14 and 17 of Minutes of May 3, 1994 for discussion.) There was a motion and second by Directors Scheibner and Adcock, respectively, to suspend the rules and place the Ordinance on third and final reading and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. After the third and last reading of the Ordinance, as amended, a roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Whereupon, the Ordinance was declared PASSED. There being no further business to be considered, the Board of Directors recessed at 11:30.,.- o'clock P.M. to reconvene on Wednesday, June 1, 1994, at 1:30 o'clock P.M. to consider Zoning Case Z -5801 - Perkins PCD and the Ordinance to provide funds from the one -half cent sales tax revenues to fund various service recommendations (Item 12), and to evaluate the City Manager. ATTEST: APPROVED: City Clerk Robbie Hancock M or Jim Dailey 10