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12-28-94824 Board of Directors Room City Hall - 500 W. Markham December 28, 1994 - 1:30 P. M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the December 20, 1994, regular meeting with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock, with the following Directors present: Directors Roy, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner and Keck - total 8; Absent - Directors Priest, Sharp and Joyce - total 3. With a quorum being present, Mayor Dailey declared the Board of Directors in session and announced the purpose of the reconvened meeting was to consider two zoning ordinances, a resolution stating the Board of Directors' intent to establish new policy and procedures regarding historic structures in the City of Little Rock, and a resolution to require all Boards and Commissions, Agencies, Authorities, or other public bodies that request funds from the City of Little Rock to participate in the City budget process. The proceedings of the meeting are recorded as follows. Director Priest was enrolled at 1:35 P. M. The first matter to be considered was Ordinance No. 16,823, with the title being: AN ORDINANCE REAFFIRMING PREVIOUSLY APPROVED SINGLE USE PLANNED UNIT DEVELOPMENTS; PROVIDING A PROCESS FOR THE REAFFIRMATION OF ZONE CLASSIFICATIONS AND FOR NOTICE THEREOF; DECLARING AN EMERGENCY. (Re: Kremer's PD- residential (Z- 5873); MGM Properties PD- office (Z- 5770 -A); Tyrrell Leasing Company PD- commercial (Z- 5884); and Freeway Business Park PD- office (Z- 4249 -A). Before the first reading, City the provisions outlined in th 16,798, passed December 20, discussion and the Ordinance wa a motion by Director Scheibner, suspend the rules and place the motion was unanimously adopted nine in number and two thirds o r of Directors - elect, and the Or There was a subsequent motion seconded by Director Adcock, place the Ordinance on third a unanimously adopted by the Boa number and two thirds or more Directors- elect, and the third ensued. An Aye and No Vote was Ordinance Pass, with the resul Directors Priest, Roy, Lewellen Adcock, Hendrix, Scheibner and Absent - Directors Sharp and Jo y Attorney Tom Carpenter explained e Ordinance. (See Ordinance No. 1994.) There was no further s read the first time. There was seconded by Director Adcock, to Ordinance on second reading. The by the Board Members present being more of the members of the Board dinance was read the second time. again made by Director Scheibner, to further suspend the rules and nd final reading. The motion was rd Members present, being nine in of the members of the Board of and last reading of the Ordinance taken on the question, Shall the is recorded as follows: Ayes - , Mason, Mayor Dailey, Directors Keck - total 9; Noes - None; ce - total 2. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Priest, Roy, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner and Keck - total 9; Noes - None; Absent - Directors Sharp and Joyce - total 2. Whereupon, the Ordinance, together with the Emergency section, was declared PASSED. Directors Joyce and Sharp enrolled at 1:40 P. M. 1 Minutes December 28, 1994 The next item to be considered was Ordinance No. 16,824, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS AS C -4 WITH CONDITIONS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Z -5889 - To rezone 0.49 acres located at 7715 Geyer Springs Road, from R -2 Single Family to C -4 Open Display District.) Prior to the first reading of the Ordinance, a discussion was held in which Director Adcock stated the Cloverdale Neighborhood Association had asked that the proposed conditions for this rezoning be put in writing, and asked Mr. Tim Polk, Acting Director of Neighborhoods and Planning, if this had been done. (See Minutes of December 6, 1994, page 7, for discussion.) Mr. Polk responded, "no, but with the passage of the Ordinance it will allow the zoning with conditions." Director Adcock said Mr. Gary Johnson, the applicant, had done a great job in giving the Board a plan and said he would not mind putting these in the Ordinance. She asked, "has this been done ?" Mr. Polk advised, "no, we are waiting for the Ordinance to be passed." Mr. Johnson, the applicant, advised the Board Members that he had a list of the conditions he agreed to in order to satisfy the concerns of the neighborhood association. Mr. Tom Carpenter, City Attorney, stated that a copy of the sketch with these conditions should be added to the Ordinance as an exhibit. Mayor Dailey then read the following conditions: (1) New fence to be wrought iron. (2) Plant materials to be added and planted along fence. (3) No access to Geyer Springs Road. (4) C -4 prohibits open display of any kind whatsoever in the first 20 ft. of the required front yard set back. And (5) Approximately 30 cars. There was no further discussion and the Ordinance was read the first time, to include these conditions, followed by a motion by Director Adcock for suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Scheibner, and unanimously adopted by members of the Board of Directors present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance ensued, with a motion being made by Director Lewellen, seconded by Director Adcock, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by members of the Board of Directors present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The resulting Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 11; Noes - None; Absent - None. Mayor Dailey then announced that the Ordinance had PASSED. Item 4 on the Agenda was a proposed Resolution containing the following caption: A RESOLUTION STATING THE LITTLE ROCK BOARD OF DIRECTORS' INTENT TO ESTABLISH NEW POLICY AND PROCEDURES REGARDING HISTORIC STRUCTURES IN THE CITY OF LITTLE ROCK, TO REVISE THE LITTLE ROCK HISTORIC DISTRICT ORDINANCE, AND TO CREATE INCENTIVES FOR THE PRESERVATION OF THE CITY'S HISTORIC STRUCTURES. Director Keck stated, "it was my desire that this be placed on the regular Agenda, anc not the reconvened meeting, but there are those present who wish to speak and I think it's important that we hear from them, and perhaps we could move this to the Agenda session." Dr. Frank Kumpuris who represents the Country Club District, and has been asked to represent four other districts, introduced Attorney Gayle Corley of the Friday, Eldredge and Clark Law Firm, who discussed various laws regarding historic 2 • Ml B 826 Minutes December 28, 1994 districts, and expressed concerns of various home owners in the area. In her closing comments she said, "too strong a preservation policy would be bad for the Heights and surrounding area." There was no further discussion, NO ACTION WAS TAKEN, and the matter was DEFERRED. Consideration was then given to Resolution No. 9,303, entitled: A RESOLUTION TO REQUIRE ALL BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES, OR OTHER PUBLIC BODIES THAT REQUEST FUNDS FROM THE CITY OF LITTLE ROCK TO PARTICIPATE IN THE CITY BUDGET PROCESS AND TO COOPERATE WITH THE CITY MANAGER WHEN REQUESTED TO PROVIDE NECESSARY INFORMATION; AND FOR OTHER PURPOSES; and the Resolution was read in full. In a brief discussion, Mayor Dailey asked Director Sharp if he would like to comment, since he presented the Resolution. Director Sharp explained that the Resolution would give the Board more information and make us feel more comfortable, if the outside agencies requesting City funding, would submit their budget to the Board for review. In this way, the Board would be aware of how their money is spent and where the requested City funds would be allocated. Upon question by Director Lewellen, City Manager Charles Nickerson explained that "at the same time our department heads are submitting their budgets, an agency requesting City funding would submit a copy of their budget so that we may analyze the agency's budget." There was no further discussion and Director Scheibner moved that the Resolution be adopted. The motion received a second by Director Sharp, and was unanimously ADOPTED by the Board Members present. At this point in the meeting, Director Keck stated that he had expressed a desire that a public hearing be held on January 3, 1995, regarding a daytime curfew (See Minute Record of December 6, 1994 for previous public hearing.) . City Attorney Tom Carpenter advised Director Keck, that this matter can be placed on the Agenda at the following Agenda Session. Director Priest requested that a Resolution be placed on the Agenda to allow the Mayor and City Clerk to enter into a Lease Agreement regarding property in Chenal Valley and Autumn Road. Staff had not received all the necessary information and Director Hendrix suggested that it be presented in proper form at the next Agenda Meeting. Director Sharp commented on the election of Vice Mayor for the year 1995. He asked the Board to give consideration to voting by secret ballot. Since several Board Members terms will be expiring December 31, 1994, Mayor Dailey invited them to make a final statement. Director Scheibner read a prepared statement and Directors Roy, Lewellen and Hendrix made comments. (Note: Director Priest made her statement on December 20, 1994,) Mayor Dailey expressed appreciation for their dedication to community services saying, "I salute each of you." At 2:22 o'clock P. M., Mayor Dailey announced that the Board Members would recess to executive session for the purpose of evaluating the City Manager and City Attorney. When the Board of Directors reconvened from executive session at 3:55 o'clock P. M., the following Directors were present: Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 11; Absent - None. Mayor Dailey announced the action taken by Board Members in executive session by saying that both City Manager Charles 3 827 Minutes December 28, 1994 Nickerson and City Attorney Tom Carpenter had received a good evaluation with high marks. He said this action will have to be formalized in terms of a salary increase to be approved through the budget process to $106,000 for the City Manager, and $90,000 for the City Attorney. All other terms of their contracts and /or agreements will remain in effect as they are currently structured. The budget adjustment to reflect salary increases will be made at the next meeting. The Resolution proposed by Director Priest is to be placed on the next Agenda, which allows a lease agreement on property located at Chenal Parkway and Autumn Road. There being no further business to be presented, Mayor Dailey announced that the meeting was adjourned sine die at 4:00 o'clock P. M. ATTEST: APP OVED: Aa4tJU City Clerk Robbie Hancock Mayor Jim Daile 4 JC !N q/