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10-04-94Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas October 4, 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 in attendance: Directors Roy, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 8; Absent - Directors Priest and Sharp - 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. The Invocation was given by Director Scheibner, followed by the Pledge of Allegiance. The first presentation was Resolution No. 9,246, entitled: A RESOLUTION EXPRESSING SUPPORT FOR SCOTT BROWNELL AND JAKE HAGAR FOR THEIR HEROIC EFFORTS ON AUGUST 31, 1994, TO SAVE THE LIFE OF ONE CHILD AND THEIR ATTEMPT TO SAVE THE LIFE OF ANOTHER CHILD. (Cecilia Griffen and her sister Versie Mitchell) Vice Mayor Mason introduced UALR students Scott Brownell and Jake Hagar and then read the Resolution in full. There was a motion by Director Keck, seconded by Director Adcock, to adopt the Resolution, and the Resolution was adopted unanimously by the Board Members present. Vice Mayor Mason asked Mr. Nathaniel Hill, former Director of General Services, and Mr. Gary Hogan, UALR Coach, to make the presentations to Mr. Brownell and Mr. Hagar. 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 August 2, 1994. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1994. (To be received and filed.) (c) Resolution No. 9,247, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF COMPACT SEDANS, MID- SIZE PICKUPS, A UTILITY VEHICLE, PASSENGER VANS, AND ONE -TON TRUCKS FOR THE DEPARTMENT OF FLEET SERVICES. (Little Rock Dodge - not to exceed $11,983 for 17 compact sedans; Dick Layton Buick - GMC - not to exceed $11,885 for 6 mid -size pickups; Dick Layton - not to exceed $20,239 for one 4 -wheel drive utility vehicle; Little Rock Dodge - not to exceed $19,453 for two 15- passenger vans; Dick Layton - not to exceed $24,442 for 1 -ton truck; Dick Layton - not to exceed $22,600 for 1 -ton truck.) (d) Resolution No. 9,248, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RICHARD A. STEPHENS AND ASSOCIATES FOR REAL ESTATE APPRAISAL AND ENVIRONMENTAL SERVICES FOR RIGHT -OF -WAY ACQUISITION FOR THE WIDENING OF MABELVALE PIKE FROM GUM SPRINGS ROAD TO GEYER SPRINGS ROAD, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $27,800.) 1 739` i� 740 Minutes October 4, 1994 (e) Resolution No. 9,249, entitled: A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND GRANT COUNTY, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY MEDICAL SERVICES TO GRANT COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; (f) Resolution No. 9,250, with the title being: A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF LONOKE, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE CITY OF LONOKE, ARKANSAS; AND FOR OTHER PURPOSES; (g) Resolution No. 9,251, described as: A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF SHERIDAN, ARKANSAS, GRANTING METROPOLITAN EMERGENCY MEDICAL SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE CITY OF SHERIDAN, ARKANSAS; AND FOR OTHER PURPOSES. By a motion made by Director Lewellen, seconded by Director Adcock, which was unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) the Minutes of the Board of Directors regular meeting held August 2, 1994, were approved as written and distributed to the members of the Board of Directors; (b) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1994, was received and filed; and (c, d, e, f, and g) Resolutions No. 9,247, 9,248, 9,249, 9,250 and 9,251 were read in full and unanimously adopted by the Board Members present. During the week of September 24, 1994, the City of Little Rock hosted 100 children from the Chung - Cheng Primary School in the City of Kaohsiung, Province of Taiwan, Republic of China. During that time, the children performed at UALR, Park Plaza Mall, and at Park Hill Elementary School in North Little Rock. Director Lewellen presented a Certificate of Appreciation to Park Hill Elementary School Principal Cindy Melton for assistance in arranging for the children to perform at the school. He then presented Mr. Alfred Williams and members of the Sister Cities Commission a picture of the 100 children during their performance at Park Plaza Mall. Mr. Williams presented to the City of Little Rock a photograph album of pictures taken by Kathy Henson during the children's visit in Little Rock. (Note: Little Rock and Kaohsiung became Sister Cities in 1983.) (Director Sharp enrolled at 6:15 o'clock P.M.) At the time allotted for Citizen Communications, the first speaker was Mrs. Patty Roberts, 11805 Birchwood Drive in Birchwood Subdivision, who addressed the Board of Directors on the subject of enforcement of City Board decisions. She said Best Buy PCD has not met conditions of the PCD as approved by the Board of Directors, and citizens have no recourse when specifications have not been adhered to. This is very frustrating after neighbors have spent hours making contacts and attending meetings trying to get certain issues resolved. The next speaker was Mr. Scot t Drive in Birchwood Subdivision, who related to the Best Buy PCD that have privacy fence and lighting. Mayor Charles Nickerson to provide a report. E Roberts, 11805 Birchwood also spoke on the issues not been done regarding the Dailey asked City Manager � r, Minutes October 4, 1994 Mrs. Marion Elliott, 7312 Knollwood Drive, said she is having a problem with police harassment. She was fined $75.00 and given 6 months probation when she received a ticket on Roosevelt Road. Later a police officer pulled her over on University Avenue and that ticket was $410.00. She has been looking for a job for several months, but has been unable to find employment and cannot pay the $410.00. She said she was appealing to the Board of Directors because she was trying to fight City Hall. Mayor Dailey said the fine issue would be in the hands of the Courts. Director Lewellen asked Mrs. Elliott to put her complaint in writing for the Board of Directors. Mrs. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, was the next speaker and addressed two issues: (1) the Capital Budget and (2) conflict of interest. (1) Mrs. Wells read a Resolution adopted by the Coalition of Little Rock Neighborhoods which urged the City of Little Rock to develop capital budgets using the following criteria: (a) the capital budget should fairly allocate costs among homeowners and commuters; (b) should be based on intensive citizen participation; (c) should be coordinated with capital budgets of other local governments; (d) should maximize the dollars devoted to actual brick - and - mortar projects and minimize tax dollars devoted to financing costs; and (e) should have as its foundation a vision and a strategic, long -term financing plan to implement the vision for creating the City's economic vitality and its residential quality -of -life. (2) Her second concern was avoiding conflict of interest that would hinder the operation of Alert Centers. She referred to the commander of the community police division (Lt. Farris Hensley) who manages a number of properties in several older neighborhoods, including 1715 S. Summit Street. She said neighbors have reported suspected drug activity, gang members hanging out there, heavy vehicular traffic, large numbers of persons coming and going at all hours of the day and night, etc. On September 26, 1994, a drive -by shooting occurred there. These problems have been reported to the Alert Center and to Lt. Hensley over the past six months. The Coalition's first concern is the safety of residents near this address; the second concern is the pattern of poor property management. Lt. Hensley's authority over community police raises the question of conflict of interest. Lt. Farris Hensley, 11733 Rivercrest Dr., speaking as a citizen and property owner, said that over the last 14 years he had purchased more that 50 dilapidated, run -down homes and brought them up to full code compliance. He said he thought the problems with 1715 S. Summit had been resolved. Mayor Dailey asked City Manager Charles Nickerson to follow up and provide a report to the Board and the Coalition. Mr. Robert "Say" McIntosh spoke to the Board of Directors about the drive -by shootings in the black communities and the $150 million gambling casino and bingo parlors. The last speaker under Citizen Communications was Mr. Steve Cato, Chairman of the City Beautiful Commission. Mr. Cato read a resolution adopted by the City Beautiful Commission endorsing and supporting the restructuring of the 1988 Capital Improvement Bonds and issuing bonds for various capital improvements in the City of Little Rock. There was a briefing of the 1994 Bond Issue on the ballot for the October 11, 1994 special election. Assistant City Manager Jim Lawson explained this is not a new tax but a refinancing of the 1988 Capital Improvement Bonds from 7.4% to 5% or 5.5% which would save approximately $29 million to fund other capital improvement projects. He then reviewed some of the proposed projects: Parks and Recreation, Stephens Community School, Police Substation, and Firefighting. 3 741 742 Minutes October 4, 1994 Police Chief Lou Caudell explained the need for a Police substation in the northwest area of Little Rock to supplement the services provided by the southwest substation on Baseline Road and the downtown station on West Markham Street. At 6:55 o'clock P.M. Ordinance No. 16,751 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY TO 0 -3 GENERAL OFFICE WITH CONDITIONS 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; (2- 5472 -C - To rezone 4.09 acres, more or less, located at the northwest corner of Hinson Road and Rodney Parham Road from 11R -2" Single- family District to 110-3" General Office District with conditions.) (NOTE: The Ordinance was tabled on August 2, 1994; removed from the table and read the first time on September 20, 1994.) Mayor Dailey announced that the discussion would be limited to one hour with thirty minutes each allotted for support and opposition to be presented. Mr. David Jones of Vogel Realty, representing the applicants, Dr. Turner Harris and Mrs. W. R. Camp, summarized the history of the property by explaining that on April 19, 1994, the Board of Directors denied the application for a Walgreens PCD at that location, with the residents saying "stick with the Land Use Plan for the area." Mr. Jones said the Land Use Plan shows office use for that location. He said this application was submitted initially as 110 -3" with certain conditions. Staff recommended a height limit of two stories. The zoning ordinance allows 45 feet which would allow four stories. The Planning Commission recommended 110-3" with the additional conditions, but did not limit the height restrictions. Since the Planning Commission's approval, the applicants have agreed to site plan review and certain use restrictions. Mr. Jones read the list of permitted uses allowed under 110-2" or 110 -311 zoning, but which have been excluded from this request. He said after additional consideration, the applicants have agreed to further restrict the property to no more than three (3) stories, and concluded his presentation by asking the Board to approve the reclassification. (Director Priest enrolled at 7:00 P.M.) Director Adcock questioned Mr. Jones about the Bill of Assurance. Mr. Jones stated the lot was never platted as part of the Pleasant Valley Subdivision, to which the Bills of Assurance apply. City Attorney Tom Carpenter stated that traditionally the Board of Directors does not concern itself with Bills of Assurance. Mrs. Margaret Cornett, 11701 Fairway Drive, speaking in opposition, said this development will create big traffic problems at the intersection and asked about the policies for development in an established residential neighborhood. Mr. David Martinous, 11712 Fairway Drive, said the owners have never set down with the Pleasant Valley Property Owners Association to work out a compromise. He said a three story building would not be acceptable. Mr. Richard Zemann, 10 Valley Club Circle, a resident of Pleasant Valley, said they have never wanted anything but residential for that corner, and requested a height limit of two stories. Mrs. Mary Zemann, 10 Valley Club Circle, said commercial zoning for the property would lead to devaluation of surrounding residential property. Also speaking in opposition to the commercial zoning were: Cotsy Chenault, 55 Pinehurst Circle; Carolynn Coleman, 15 Cascades Drive; Gary J. Garrett, representing the Board of Governors of Pleasant Valley Country Club; John Cullum, 2300 Rodney Parham; Carole Meyer, 40 Valley Club Court; and George Plastiras, 545 Valley Club Circle. Mr. Tim Polk, Director of Neighborhoods and Planning, responded to questions by the Board of Directors. Following the lengthy discussion, there was a motion by Director Keck, seconded by 4 743`, Minutes October 4, 1994 Director Joyce, to amend the Ordinance to add the following condition: "No building will be higher than three (3) stories and shall not exceed forty (40) feet in height." The motion was adopted by the following roll call vote: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, and Mayor Dailey - total 9; Noes - Director Adcock - total 1; Abstentions - Director Hendrix - total 1; Absent - None. The Ordinance, as amended, was then read the second time, having been read the first time on September 20, 1994. There was a motion by Director Keck, seconded by Director Lewellen, to suspend the rules and place the Ordinance on third and final reading. The motion was adopted by the following voice vote: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, and Director Hendrix - total 10; Noes - Director Adcock - total 1. At the recommendation of City Attorney Tom Carpenter, the Ordinance was amended to change the title from "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" to "AN ORDINANCE RECLASSIFYING PROPERTY TO 0 -3 GENERAL OFFICE WITH CONDITIONS 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." The motion to amend the title was made by Director Keck, seconded by Director Joyce, and unanimously adopted. The Ordinance, as amended, was then read the third and last time. A roll call vote was taken on passage of the Ordinance with the results recorded as follows: Ayes - Directors Scheibner, Keck, Joyce, Roy, Sharp, Lewellen, and Mason - total 7; Noes - Director Priest, Mayor Dailey, Directors Adcock and Hendrix - total 4; Absent - None. Whereupon, Mayor Dailey declared the Ordinance PASSED. (Director Joyce was excused at 7:45 P.M.) Consideration was then given to Ordinance No. 16,752, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE CHENAL DISTRICT, CHANGING AN AREA FROM COMMUNITY SHOPPING TO MULTIFAMILY, NORTH OF ROCK CREEK TO MARA LYNN; AND OTHER MATTERS; (Re: Z- 3168 -D) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made and seconded by Directors Adcock and Lewellen, respectively, 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect. (Director Adcock was excused at 7:50 P.M.) The Ordinance was then 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 Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,753, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; 5 f /744 Minutes October 4, 1994 (Z- 3168 -D - To rezone 18 acres on Mara Lynn Road, West of Bowman Road, from "MF -12" Multi- family District to "MF -1811 Multi- family and "OS" Open Space Districts.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,754, entitled: AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT, AND PROVIDING FOR THE MAINTENANCE OF A PLANNED OFFICE DEVELOPMENT DISTRICT ENTITLED MGM PROPERTIES AMENDED SHORT -FORM POD (2- 5770 -A), LOCATED ON THE NORTH SIDE OF HIGHWAY 10, APPROXIMATELY 1/4 MILE WEST OF THE EAST TAYLOR LOOP ROAD INTERSECTION, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,586 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. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,755, 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 THE STREET AND SIDEWALK REQUIREMENTS FOR ORLEY FEAGINS SUBDIVISION (5- 1033), LOCATED OUTSIDE THE CITY LIMITS, ON THE NORTH SIDE OF BURLINGAME ROAD, APPROXIMATELY 1 -1/4 MILE WEST OF THE COLONEL GLENN ROAD INTERSECTION, PULASKI COUNTY, ARKANSAS; (5 -1033 - Orley Feagins Subdivision - waiver of street improvements for Burlingame Road frontage.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which was unanimously adopted by the Board Members present, being nine N. Minutes October 4, 1994 745 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 Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,756, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE PROHIBITION ON THE CREATION OF PIPESTEM LOTS FOR ORLEY FEAGINS SUBDIVISION (8- 1033), LOCATED OUTSIDE THE CITY LIMITS, ON THE NORTH SIDE OF BURLINGAME ROAD, APPROXIMATELY 1 -1/4 MILE WEST OF THE COLONEL GLENN ROAD INTERSECTION, PULASKI COUNTY, ARKANSAS; (S -1033 - Orley Feagins Subdivision - to permit Lot 2 to have the required frontage on Burlingame Road by way of a pipestem.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,757, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE SIDEWALK REQUIREMENTS FOR THE HILLS SUBDIVISION (S- 45- A -16), LOCATED NORTH OF THE INTERSECTION OF OTTER CREEK PARKWAY AND WIMBLEDON LOOP ROAD, LITTLE ROCK, ARKANSAS; (5- 45 -A -16 - The Hills Subdivision - waiver granted to permit the construction of Cayman Cove cul -de -sac street without the required sidewalk.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 7 4_" 746 Minutes October 4, 1994 roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,758, 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 IMPROVEMENT REQUIREMENTS TO RUSS STREET AND PIGGEE STREET FOR THE CITY OF LITTLE ROCK PARKS AND RECREATION DEPARTMENT (Z -5872 - PANKEY COMMUNITY PARK); and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,759, entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE $50,634.72 FROM THE STREET FUND BALANCE TO CLOSE THE JOHN BARROW ROAD PROJECT; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Keck and seconded by Director Lewellen, which 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 second reading of the Ordinance, there was a subsequent motion by Director Lewellen, seconded by Director Scheibner, 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 nine 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 the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey and Director Hendrix - total 9; Noes - None; Absent - Directors Joyce and Adcock - total 2. Therefore, the Ordinance was declared PASSED. At 7:55 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:05 o'clock P.M. Mayor Dailey presided and the following Directors were present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None. Mayor Dailey announced that consideration would then be given to Item 5 on the Agenda and thirty (30) minutes each would be allowed for support and opposition to be presented. Ordinance No. 16,760 was introduced, with the title being: D Minutes October 4, 1994 747 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED HAMPTON INN SHORT -FORM PCD (Z- 3410 -C), AND LOCATED AT THE NORTHWEST CORNER OF FINANCIAL CENTER PARKWAY AND HARDIN 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;.. Mr. Robert Brown of Development Consultants, Inc., representing the applicant /developer Wally Allen, explained the proposal to build a new hotel (Hampton Inn) on three acres (80,000 square feet, 153 rooms, 60 feet in height), stating there will be no meeting rooms and no restaurant. There was a prior agreement on the property between the proposed developer (Financial Center Corp.) and the adjacent neighbors on Springwood Drive, which covered an agreement of certain standards for a larger office development. The Land Use Plan calls for Mixed Office Commercial use. This will be a very low intense use for the property and the lowest intensity in terms of traffic. Mr. Allen stated he was aware of the consent judgment and knew what the owners agreed to. He responded to questions by the Board of Directors. Speaking in opposition to the proposal, Mr. Ken Davis, 417 Springwood Drive, Secretary- Treasurer of Birchwood Neighborhood Association, stated the consent judgment has nothing to do with this property, and the property must be considered on its own merits. He concluded by stating the Birchwood Association voted to oppose the proposal. Mr. F. B. Boyd, 520 Springwood Drive, objected to the noise from the 24 hour a day operation. Mrs. Agnes Beall, 11620 Ashwood Drive, stated the development should not be allowed behind houses because of the 24 hour operation. Mrs. Ruth Bell, representing the League of Women Voters, was opposed to the 24 hours 7 days a week operation next to residential property, and expressed concern about the traffic. Mr. Bob Boyd, 523 Springwood Drive, and Ms. Georgie Henry, 505 Springwood Drive, also spoke in opposition to the development. Mr. Tim Polk, Director of Neighborhoods and Planning, responded to questions by the Board of Directors. There was a lengthy discussion during which the opponents stated that Mr. Doyle Daniel never shared with them the information he received from Mr. Brown regarding the development and that Mr. Daniel was no longer the contact person for the Birchwood Neighborhood Association. Some Board Members suggested the developer meet with the Neighborhood Association so the residents could see the plan, know what is proposed, and work out some of the problems. Mr. Allen said he had met with the President of the Association and spent hours explaining the proposal, and it was unfair to ask him to go back to the Association just because that person is no longer the representative. The Ordinance was then 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 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 by Director Scheibner, seconded by Director Lewellen, 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 passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Scheibner, Keck, Priest, Roy, Sharp, Lewellen, Mason, and Mayor Dailey - total 8; Noes - Directors Joyce, Adcock and Hendrix - total 3; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the proposal to call a six month moratorium on the issuance of demolition permits for proposed demolition of residential and related structures in an area of the City commonly known as "The Heights." Mr. Joseph F. Kolb, representing the Heights 9 748 Minutes October 4, 1994 Neighborhood Association, had presented the Board of Directors with a proposed Resolution calling for the moratorium in order to allow time for a survey of the residential and related structures within "The Heights" for listing on the National Register of Historic Places. At 9:30 P.M. Mayor Dailey declared the public hearing open. The first speaker was Mr. Joseph F. Kolb, speaking in support of the moratorium. He said the Heights Neighborhood Association needs time to develop a plan and do a survey, and urged the Board of Directors to declare the moratorium. The next speaker was Mr. George Wittenberg, representing the University of Arkansas at Little Rock (UALR) Donaghey Project for Urban Design, who said he believed the moratorium would be in the best interest of the City and the residents. Mr. Stephen Recken, Associate Professor of History at UALR, recommended the moratorium, stating the area has a definite historic significance. Also speaking in support of the moratorium were Mr. Ed Levy, 5019 Hawthorne; Ms. Susan Pfeifer, 6314 "H" Street; State Representative Myra Jones, 5201 Country Club; and Ms. Frances Ross, 1720 N. Monroe. Speaking in opposition to the moratorium were Mr. Stephen Davis, 2112 N. Beechwood; Ms. Linda Landers, 1910 Country Club Lane; Ms. Karen Mourot, 2212 Beechwood; Ms. Robin David, 2112 N. Beechwood; Ms. Carol Meadors, 1814 Shadow Lane; Mr. John Burnett, 5 Broadview Terrace (supports study but doesn't think individual rights should be taken away); Kathleen Brown, 14 Longfellow Lane; Dr. Frank Kumpuris, 2317 N. Palm; Mr. Byron Morse, 2212 Spruce; Mr. James Laslie, 5600 Country Club; Ms. Sissi Brandon, 46 Overlook Dr.; Mr. Gary Smith, 2515 N. Fillmore (45 individuals in favor of the moratorium are trying to represent 600 households); and Mr. Walter Quinn, 5421 Hawthorne. At 10:35 Mayor Dailey declared the public hearing closed. Following the Board discussion in which Director Keck requested that Staff prepare a memo to explain the process for forming an historic district and suggested that a committee be formed to work out an agreement, there was a motion by Director Roy, seconded by Director Lewellen, to consider the Resolution. City Attorney Tom Carpenter called a point of order, because at the Agenda Session the Board agreed to conduct the public hearing only and to consider the Resolution at the next meeting, and there is no hardship provision in the Resolution. A roll call vote was taken on the motion to place the Resolution on the Agenda for consideration, with the results recorded as follows: Ayes - Directors Roy and Lewellen - total 2; Noes - Directors Scheibner, Keck, Joyce, Priest, Sharp, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 9. Whereupon, Mayor Dailey declared the motion had failed and the Resolution would not be presented, but would probably be on the Agenda for October 18, 1994. Directors Roy and Keck asked City Manager Charles Nickerson to provide a report for the Agenda Meeting on October 12, 1994 on the number of demolitions that have occurred in the Heights area during the last year, the process for creating an historic district, what changes can be made after its creation, and if a moratorium is in place, can there be restrictions, etc. (Director Adcock was excused at 10:55 o'clock P.M.) Ordinance No. 16,761 was presented, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 16,577 OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE RESTRICTION ON THE NUMBER OF ACCESS POINTS TO A STREET WHICH ARE PERMITTED ALONG THE FRONTAGE OF A LOT FOR CHENAL CENTER (5- 1035), LOCATED AT THE NORTHWEST CORNER OF CHENAL PARKWAY AND AUTUMN ROAD, LITTLE ROCK, ARKANSAS; (5 -1035 - To permit three (3) driveways along the 425 foot Autumn Road frontage of Chenal Center.) and there was a first reading of the Ordinance. The rules were suspended and the Ordinance placed on second reading by a motion and second by Directors Scheibner and Mason, respectively, which 10 �✓ r Minutes October 4, 1994 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 second time. There was a subsequent motion by Director Scheibner, seconded by Director Hendrix, 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 ten 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 passage of the Ordinance, with the _ results recorded as follows: Ayes - Directors Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, and Director Hendrix - total 10; Noes - None; Absent - Director Adcock - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the execution of a Municipal Lease and Option Agreement between the Little Rock Ambulance Authority and LaSalle National Bank. Mayor Dailey declared the public hearing open. There was no one present who wished to speak on the issue; therefore, Mayor Dailey declared the public hearing closed. Resolution No. 9,252 was then introduced, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE AND OPTION AGREEMENT BETWEEN THE LITTLE ROCK AMBULANCE AUTHORITY AND LASALLE NATIONAL BANK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (To provide for the use of 3 Golden Eagle Ambulances.) and the Resolution was read in full. There was a motion by Director Scheibner, seconded by Director Sharp, to adopt the Resolution, and the Resolution was adopted unanimously by the Board Members present. The last item on the Agenda was a proposed Ordinance entitled: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK LAND ~— BANK AND RESIDENTIAL HOUSING FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; PRESCRIBING THE POWERS OF THE BOARD; PRESCRIBING THE MEMBERSHIP AND TERMS OF MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. (The Ordinance was tabled on September 20, 1994, after being read the first time.) At the request of Director Hendrix, the proposed Ordinance was deferred until October 18, 1994. There being no further business to be presented, the Board of Directors adjourned at 11:05 o'clock P.M. to meet again in regular session on Tuesday, October 18, 1994, at 6:00 o'clock P.M. ATTEST: A OVED: aac.& ar, CITY CLERK ROBBIE HANCOCK YOR JIM DAILEY 749 _ t