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HomeMy WebLinkAbout08-01-95157 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas August 1, 1995 - 4:40 P.M. The Board of Directors of the City of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock with the following Directors in attendance: Directors Sharp, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 9; Absent - Director Mason - total 1. (Note: The meeting time was changed from 6:00 P.M. to 4:30 P.M. to allow Board Members and others to participate in the 1995 National Night Out activities.) 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 Wilson, followed by the Pledge of Allegiance. Mayor Dailey thanked well - wishers on the birth of quadruplets born to his daughter on Saturday, July 29, 1995. There was a short video presentation of the Midnight Basketball Program at War Memorial Fitness Center. The program is partially funded by Prevention, Intervention and Treatment Funds. (Director Mason enrolled at 4:45 o'clock P.M.) Consideration was then given to the Consent Agenda which consisted of the following items: (1) Approval of the Minutes of the Board of Director regular meeting held June 6, 1995. (Deferred.) (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1995. (To be received and filed.) (3) Resolution No. 9,458, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF UNIFORMS FOR THE DEPARTMENT OF PUBLIC WORKS/ OPERATIONS. (R & R of North Little Rock - not to exceed $27,870.99.) (4) Resolution No. 9,459, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A FUEL MANAGEMENT SYSTEM FOR THE DEPARTMENT OF FLEET SERVICES. (E. J. Ward of Ft. Worth, TX - not to exceed $124,792.63.) (5) Resolution No. 9,460, with the title being: A RESOLUTION DESIGNATING THE ACCOUNTING FOR PARKS AND RECREATION DEPARTMENT INCOME. (Proceeds from the Eagles concert - $40,623.) 1 166 Minutes August 1, 1995 Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. Ordinance No. 16,948 was the next presentation, with the following caption: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 2 -242 (1988), TO INCREASE FROM $5000 TO $10,000 THE MINIMUM PURCHASE AMOUNT BY THE CITY FOR GOODS OR SERVICES BEFORE COMPETITIVE BIDDING IS REQUIRED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Short Title: An Ordinance declaring an emergency to increase to $10,000 the minimum purchase that requires competitive bidding.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - Director Wilson - total 1; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - Director Wilson - 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. 9,444, adopted July 18, 1995, to consider a contract between the City of Little Rock and the City of Shannon Hills for the extension of sewer service to the City of Shannon Hills and for treatment of sewage from Shannon Hills. Notice of public hearing was published in the Arkansas Democrat Gazette on July 26, 1995. Mayor Dailey declared the public hearing open. No opposition was presented and Mayor Dailey closed the public hearing. Ordinance No. 16,949 was then introduced, with the title being: AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF SHANNON HILLS FOR THE TREATMENT OF SEWAGE; REPEALING ORDINANCE NO. 15,614, APPROVED DECEMBER 20, 1988, AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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. 10 Minutes August 1, 1995 :? 67 A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to a proposed Ordinance, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED NATIONAL HOME CARE PRD (2- 5896 -A), LOCATED AT THE SOUTH END OF BLACK STREET AT PIGGEE 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; (Lots 1 -12, Block 50, Josephine Pankey Addition.) and the Ordinance was read the first time. Mr. Willard Proctor, Jr., representing the applicant, requested Board approval and reviewed some of the reasons for the approval. (1) It is in the Pankey Community and is proposed by people that have roots in Pankey. (2) The project is an elderly retirement center and is supported by many of the neighborhood members. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated this is in direct conflict with the Land Use Plan which shows this as a single - family area. Staff has some real concerns and cannot support the proposal. Also speaking in opposition to the project were Mr. Tom Fox, 4111 Stoneview Court, and Mrs. Ruth Bell, League of Women Voters of Pulaski County. Both urged the Board to stick with the plan. In response to a question by Director Wilson, Mr. Proctor said he had met with the Chairman of the Pankey Community Economic Development Group. Director Adcock moved to table the Ordinance for two weeks until Mr. Proctor can meet with the Pankey Neighborhood Association. The motion was seconded by Director Wyrick and adopted by the following roll call vote: Ayes - Directors Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Directors Keck, Sharp and Mason - total 3. Director Mason questioned how many times Mr. Proctor would be told to meet with the Neighborhood Association, since he had been requested to do so on two previous occasions. There was a subsequent motion by Director Sharp, seconded by Director Mason, to reconsider the motion to table. The motion to reconsider was adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Sharp, Mason, and Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Wyrick, Kumpuris and Adcock - total 5. A roll call vote was then taken on the motion to table the Ordinance for two weeks, and the results are recorded as follows: Ayes - Directors Wilson, Hinton, Wyrick, Kumpuris and Adcock - total 5; Noes - Directors Hodges, Keck, Joyce, Sharp, Mason and Mayor Dailey - total 6. With the motion to table having failed, there was a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Mason, seconded by Director Keck and adopted by a vote of 10 ayes and 1 no (Director Adcock), being 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 Mason, seconded by Director Keck, to again suspend the rule and place the Ordinance on third and final reading. The motion was adopted by a vote of 10 ayes and 1 no (Director Adcock), being 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 results recorded as follows: Ayes - Directors Wilson, 11 • Minutes August 1, 1995 Keck, and Mason - total 3; Noes - Directors Hinton, Hodges, Joyce, Wyrick, Sharp, Kumpuris, Adcock and Mayor Dailey - total 8. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. The next presentation was a related proposed Ordinance, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND WAIVERS OF STREET, SIDEWALK AND DRIVEWAY SPACING REQUIREMENTS FOR NATIONAL HOME CARE VILLAGE PRD (Z- 5896 -A) LOCATED AT THE SOUTH END OF BLACK ROAD AT PIGGEE STREET; and the Ordinance was read the first time. (See lengthy discussion above regarding approval of National Home Care PRD.) There was a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Mason, seconded by Director Keck and adopted by a vote of 10 ayes and 1 no (Director Adcock), being 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 Mason, seconded by Director Keck, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of 10 ayes and 1 no (Director Adcock), being 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 results recorded as follows: Ayes - Directors Wilson, Keck, and Mason - total 3; Noes - Directors Hinton, Hodges, Joyce, Wyrick, Sharp, Kumpuris, Adcock and Mayor Dailey - total 8. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Item 22 on the Agenda was a proposed Ordinance to rezone 1401 Battery Street (Z -5989) from "R -3" Single - family District to 110-1" Quiet Office District. (See Minutes of July 18, 1995 for lengthy discussion; ordinance was tabled until 8- 1 -95.) Mr. Jim Lawson, Director of Neighborhoods and Planning, explained that Mr. Ron Woods, the applicant, had submitted a letter stating he would like to amend his 110-1" zoning request to a POD only for his architectural office. Mr. Lawson said it should be made clear that Staff and the neighborhood will consider the request for a POD, but there are no plans drawn and there are some issues to be discussed. In his letter, Mr. Woods also requested that this stay at the Board level and not go back to the Planning Commission. Following a brief discussion, there was a motion by Director Keck, seconded by Director Adcock, to send the rezoning application for 1401 Battery Street (Z -5989) back to the Planning Commission. The motion was unanimously adopted. Therefore, the rezoning application was sent back to the Planning Commission and the proposed ordinance was not read. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF AIRPORT REVENUE BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDING AIRPORT REVENUE BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL TRUST INDENTURE; AND PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; City Attorney Tom Carpenter explained that the Board is not in a position to adopt the Ordinance at this meeting because there are some aspects of the Ordinance that need to be completed after the Bonds have been priced, which will not be done until next Monday, August 7, 1995, depending upon action of the Board of Directors tonight. He recommended that the Ordinance be left on second reading and that the meeting be recessed until Tuesday, August 8, 1995, at which time the bond pricing will be made known and the 12 169 Minutes August 1, 1995 Ordinance could be read the third time and adopted. Mr. Carpenter then reviewed the report he had prepared, dated August it 1995, "Re: SELECTION OF BOND CO- COUNSEL FOR AIRPORT BONDS /CONFLICT OF INTEREST." At the July 25, 1995, Agenda Meeting, Mr. Carpenter was asked to investigate whether Mr. Perlesta Hollingsworth, a member of the Little Rock National Airport Commission, improperly participated in the selection of bond counsel on various airport bonds issues. At that time (1994 -95), Mr. Hollingsworth was a law partner of Richard Mays in the firm of Hollingsworth, Mays, Walker and Brown. He was also listed as a partner of Mr. Mays in the firm of Barnes, McGhee, Neal, Poston, Segue, Mays & Hollingsworth; and Ms. Arkie Byrd was listed as a member of the latter firm. Mr. Mays and Ms. Byrd are both members of the law firm Mays & Crutcher. The f irm of Mays and Crutcher was selected as minority co -bond counsel with the firm of Wright, Lindsey and Jennings in Section 7 of Ordinance No. 16,745 (9- 14 -94) which authorized the sale of the first series of airport refunding bonds, and Section 7 of the proposed Ordinance is identical to Section 7 of Ordinance No. 16,745. (See Mr. Carpenter's 55 page report in file.) Mr. Carpenter summarized his report and provided answers to a list of questions he had been asked. One of the questions he had been asked was did he find that Mr. Hollingsworth had improperly participated in the selection procedure for bond counsel. The answer was yes. There was no disclosure of the relationship with the other two law firms to the other members of the commission. Mr. Carpenter said all of the factors combined led him to believe there was an improper participation on the part of Mr. Hollingsworth, but he did not find a criminal violation and he did not find a requirement that the contract had to be voided. Following Mr. Carpenter's lengthy report, Mrs. Jane Dickey, Attorney for the Airport Commission, responded to questions by Directors Adcock and Hodges. She said the Airport Commission held a special meeting yesterday (7- 31 -95) at which they instructed her to ensure that the full disclosure is made in the Official Statement for the Bond issue that they hope to be able to consummate within the next few weeks. They suspended taking any further action with respect to the capital improvement bond issue that is to be secured by the PFC charges, pending receipt of the report from the City Attorney and to hear what the Board of Directors was going to do with the situation. Director Sharp suggested the Board of Directors work with the Airport Commission, the City Attorney and the Finance Director to come up with a policy for selecting bond counsel, not only for the Airport Commission, but for all outside agencies. In response to a question by Mayor Dailey, Mr. Carpenter said his recommendation to the Board is that the selection of bond counsel, financial advisors and underwriters actually be made by the City of Little Rock through its selection process. Mr. Carpenter recommended the Ordinance be read twice, which would indicate the Board would approve the Ordinance at the first chance it has, recess the meeting until Tuesday - that will send the message to the Underwriters to price the bonds on Monday so that some of the blanks can be filled in on the Ordinance, and then pass the Ordinance on Tuesday, which would allow for the sale of the bonds to proceed. Director Kumpuris asked that Mrs. Lottie Shackelford, Chairman of the Airport Commission, and Mrs. Deborah Ledwell, Airport Manager, be given the opportunity to speak on the issue before the Board takes any action. Mrs. Shackelford stated the PFC issue is not before the Board of Directors, and asked the Board to go forward on the 84 -85 restructuring bonds. Mr. Bill Spivey, a member of the Wright, Lindsey & Jennings Law Firm, stated that prior to these bond issues (the 1984 refunding and the 1985 refunding), the firm had served with Mays & Crutcher on at least three other occasions and found them to be good co- counsel. He endorsed the recommendation that the Ordinance be read twice tonight and then be passed on Tuesday. Mr. Richard Mays of Mays & Crutcher said Mr. Hollingsworth is not a partner with Mays & Crutcher and has not received any consideration from Mays & Crutcher from any work Mays & Crutcher has done as co -bond counsel. "We have not done anything wrong and no unethical conduct has occurred." Director 13 170 Minutes August 1, 1995 Keck requested that the City Manager and City Attorney begin working with all commissions and outsides agencies to develop a policy to make sure this does not happen again. The Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, 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 ensued. The Ordinance was left on the calendar for third and final reading at the reconvened meeting on Tuesday, August 8, 1995. The last matter to be presented was the addendum item which was added to the Agenda, Ordinance No. 16,950, with the title being: AN ORDINANCE TO DECLARE THAT CONSULTING SERVICES TO DETERMINE FAIR HOUSING ISSUES FOR THE CITY OF LITTLE ROCK, ARKANSAS, IS A PROFESSIONAL SERVICE; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Joyce 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance was a motion by Director Adcock, 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 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 passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey declared the Ordinance PASSED. There being no further business to be presented, the Board of Directors recessed at 9:00 o'clock P.M. to reconvene on Tuesday, August 8, 1995, at 4:00 o'clock P.M. to consider the third reading of the Ordinance providing for the issuance and sale of Airport Revenue Bonds. ATTEST: Q 94.-c &a, City Clerk Robbie Hancock 14 APPROVED: - (� )ayor Jim Daile • Minutes August 1, 1995 (6) Resolution No. 9,461, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $58,146 FROM THE WASTE DISPOSAL REVENUE FUND AND APPROVING THE FINAL CHANGE ORDER FOR ENGINEERING SERVICES FOR THE LITTLE ROCK SOLID WASTE FACILITIES PHASE I. (7) Resolution No. 91462, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARKANSAS CHILDREN'S HOSPITAL IN THE AMOUNT OF $500,000 FOR ADOLESCENT TREATMENT AND A CONTRACT WITH ARKANSAS CARES IN THE AMOUNT OF $175,000 FOR WOMEN'S EVENING OUTPATIENT TREATMENT. (8) Resolution No. 9,463, with the title being: A RESOLUTION APPROVING THE PURCHASE OF LOT 9, POPE'S ADDITION FOR THE RIVERFRONT PLAZA PROJECT. (Stag Beer property in 400 block of East Markham Street - Lot 9, Block 1, Pope's Addition.) (9) Resolution No. 9,464, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF THREE (3) TRIPLE COMBINATION FIRE PUMPER TRUCKS FOR THE FLEET SERVICES DEPARTMENT. (Jack Jennings Fire Equipment of Marianna, AR - not to exceed $698,320.) (10) Resolution No. 9,465, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF ONE (1) HEAVY DUTY 10 YARD DUMP TRUCK FOR THE FLEET SERVICES DEPARTMENT TO BE USED BY THE PARKS DEPARTMENT. (Robinson International - not to exceed $58,550.) (11) Resolution No. 9,466, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO (2) HIGH SIDE DUMP STREET SWEEPERS FOR THE FLEET SERVICES DEPARTMENT TO BE USED BY THE PUBLIC WORKS DEPARTMENT. (Little Rock Equipment Sales - not to exceed $205,102.) By a motion from Director Adcock, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the approval of the Minutes of the Board of Directors regular meeting held June 6, 1995, was deferred until August 15, 1995, at the request of the City Clerk; (b) the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1995, was received and filed; and (3, 4, 5, 6, 7, 8, 9, 10, and 11) Resolutions No. 9,458, 91459, 9,460, 9,461, 9,462, 91463, 9,464, 9,465, and 9,466 were read in full and unanimously adopted by the Board Members present. Mr. Barry Travis, Executive Director of the Little Rock Convention and Visitors Bureau, was presented the Superintendent's Award by the Little Rock School District. Mr. Travis provided the Statehouse Convention Center facilities for the baccalaureate services of Central High School Seniors after a devastating fire damaged the school. Attached to the Agenda was an Addendum listing an Ordinance to declare a consultant on fair housing issues a professional service. There was a motion by Director Joyce, seconded by 2 Minutes August 1, 1995 Director Keck, to add the addendum item to the regular Agenda, and the motion was adopted by a vote of 10 ayes and 1 no (Director Wilson). (See Ordinance No. 16,950 on page 14.) At the time allotted for Citizen Communications, the only speaker was Mr. Robert "Say" McIntosh, who urged people to go vote against the River Project, (referring to the county -wide election going on at the time on the proposal to levy a one cent temporary sales and use tax for the River Project to build a multi - purpose events center /arena in North Little Rock and to expand the Statehouse Convention Center in Little Rock.) The next presentation was Ordinance No. 16,937, with the title being: AN ORDINANCE TO AMEND THE CITY PLANNING BOUNDARY (ORDINANCE NO. 15,443), EXTENDING THE BOUNDARY TO A FULL FIVE MILES ALONG HIGHWAY 10 TO THE NORTHWEST OF LITTLE ROCK, AND FOR OTHER MATTERS; and the Ordinance was read the first time. In response to a question by Director Adcock about zoning nodes along Highway 10, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained that the Extraterritorial Jurisdiction deals with zoning and extends 3 miles outside the City Limits, and the Planning boundary is for subdivision jurisdiction and extends 5 miles outside the city limits. There is a 2 mile area in which the City does not have zoning control. There was a motion by Director Sharp, seconded by Director Mason, 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 Mason and Sharp, 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 passage of the Ordinance, with the results recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Resolution No. 9,467 with the title being: A RESOLUTION AUTHORIZING THE WEST HIGHWAY 10 SUBURBAN WATER IMPROVEMENT DISTRICT NO. 344 OF PULASKI COUNTY, ARKANSAS TO CONNECT A SANITARY WATER WORKS DISTRIBUTION SYSTEM CONSTRUCTED BY THE DISTRICT TO THE LITTLE ROCK WATER WORKS SYSTEM; AND DECLARING AN EMERGENCY; Mr. Bill Dean, 15104 C a explaining that the Distri along Highway 10 west of Hi District is in the Hwy. 10 portion is the North Poi having the most serious wa time the City water system the area, but it does development. The District construct 18 miles of water system which will be buil t emphasized that this will anything nor will it cause Director Keck noted there limits where residents do n the Board to begin to work ntrell Road, made a presentation, ct is located outside the City limits ghway 300. The eastern portion of the /Ferndale Cut -off area and the western nt community which was identified as ter deficiencies in 1986 -87. At that had not extended far enough to serve now in connection with the Chenal is prepared to spend $1.75 million to lines for extension of the city water to city standards. Director Adcock not cost the citizens of Little Rock them in any way to do without water. are several "pockets" within the City of have City water and urged staff and on ways to assist in hooking up those 3 59 160 Minutes August 1, 1995 areas within the City that do not have water /sewer service because the cost for property owners to obtain service is so high. Following the reading of the Resolution, there was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Mason and unanimously adopted. The Emergency Clause contained in Section 2 of the foregoing Resolution was then read and adopted by the following roll call vote: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Resolution together with the Emergency Section, was ADOPTED. Consideration was then given to Ordinance No. 16,938, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE I -430 DISTRICT, EITHER SIDE OF 36TH STREET WEST OF DOVER, FROM SINGLE FAMILY TO PUBLIC INSTITUTIONAL; AND FOR OTHER MATTERS; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,939, described as: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED HOSPICE HOME CARE POD (2- 4175 -A), LOCATED AT THE NORTH END OF DOVER DRIVE OFF WEST 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; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 4 Minutes August 1, 1995 161 Introduced next was Ordinance No. 16,940, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE AND A WAIVER OF LOT FRONTAGE STANDARDS, SIDEWALK AND CUL -DE -SAC DESIGN STANDARD REQUIREMENTS FOR HOSPICE HOME CARE, INC. POD (Z- 4175 -A), LOCATED AT THE NORTH END OF DOVER STREET OFF WEST 36TH STREET; _ and the Ordinance was read the first time. Mr. Frank Riggin of Mehlburger Engineers, representing Hospice Home Care, explained the request for the waiver and responded to questions by the Board. Mr. Jim Lawson, Director of Neighborhoods and Planning, and Mrs. Chandra Russell, Director of Public Works, also responded to questions by the Board. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was a proposed Ordinance, entitled: AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED FREEWAY BUSINESS PARK AMENDED PD-0 LOT 6, (Z- 4249 -B) LOCATED AT I -630 AND HUGHES 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. Mr. Jeff Hathaway, of The Hathaway Group, explained that his company is working with Mr. Larry Golden in his effort to purchase land and build a new automobile collision center. The proposal has been approved by the Planning Staff and the Planning Commission. Mr. Golden explained his proposal, stating that four main concerns have come to light as a result of three meetings with the University Park Neighborhood Association and two meetings with the Little Rock Planning Commission: (1) the view of damaged vehicles on the back lot from I -630; (2) the potential future development of Freeway Business Park on the surrounding property values; (3) noise from the facility; and (4) any paint emissions that would be emitted from the paint and body shop. He then showed a brief video that explained his solutions to those concerns. Golden Collision Center will be on the leading edge of technology in the collision repair industry and will have an ongoing training facility for youth in the community. He concluded his presentation by urging the Board of Directors to approve the one additional use for Lot 6 only. A group of supporters were in attendance. Mr. Golden then responded to questions by various Board Members. Opposition was presented by Mr. Ralph White, Ms. Sandra Brown, Ms. Estelle Matthis, Ms. Ruth Bell, and Mr. John Walker. Mr. White, representing the University Park Residents Association, requested denial of the proposal, and presented a petition signed by 135 residents of University Park that were opposed to the proposal, and several opposing residents were in attendance. He asked the Board to assist them in maintaining the integrity of the neighborhood, stating "we do not want a paint and body shop in our community." 9 162 Minutes August 1, 1995 He said the comparison of Golden Collision Center to Parker Cadillac Body Shop is not fair, because Parker Cadillac is not in a residential area. in conclusion he read some articles regarding standards and health issues, stating FDA standards do not necessarily protect citizens. Mr. Jim Lawson, Director of Neighborhoods and Planning, explained staff's: support of the proposal, stating that because this is that kind of an enclosed use it will not have a significant impact on the neighborhood compared to a 11C -4" use where cars would be parked outside. Because of the kind of technology involved in the body repair business now, it is not that far of a departure from the original concept. City Attorney Tom Carpenter noted that the developer requested the limitation, which was accepted by the Board and placed in the Ordinance, the Board did not impose the limitation. Mrs. Brown and Mrs. Matthis both urged the Board to keep the body shop out of the University Park area. Mrs. Matthis said there should be some process to allow neighborhoods to work with the City and not be pitted against developers. Mrs. Hell, speaking on behalf of the League of Women Voters, urged the Board to stay with the plan until there is some clear and compelling reason to change it; be consistent; do not approve the change to this POD. Mr. Jeff Hathaway responded to questions by the Board of Directors. Mr. John Walker, speaking on behalf of the opponents, gave a brief history of University Park, stating this development began during the time of segregation and this was an urban renewal project. He had the privilege of buying the first 11 lots in University Park on behalf of 9 people, and the Housing Authority was in charge. "There is a contract with the Department of Housing & Urban Development for some twenty plus years to maintain this area as it is pursuant to the plan that they developed. The Housing Authority made a number of commitments as your delegate agency, and I do not see that it has been involved in this process at all. I consider that to have been a contract with the neighborhood. When you allow this kind of use, it is just a matter of time before there will be some other use that will change the character of the neighborhood. Go back to the original contract with these people. It is a 25 year contract." Mr. Golden responded to questions by Director Joyce. Directors Hodges and Kumpuris complemented Mr. Golden on a great project, but urged the Board to stick to the master plan made a year ago and not allow these kinds of variances and waivers. Responding to a question by Director Sharp, Mr. Lawson said this particular use is not a variation from the concept of an office /warehouse industrial /office kind of development because it is enclosed. Following the lengthy discussion, the Ordinance was read the first time, and there was a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Adcock, seconded by Director Keck, 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. Upon second reading of the Ordinance, there was a subsequent motion and second by Directors Adcock and Mason, respectively, to again suspend the rules and place the Ordinance on third an 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, the third and final 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 Keck, Joyce, Sharp and Adcock - total 4; Noes - Directors Wilson, Hinton, Hodges, Wyrick, Mason, Kumpuris and Mayor Dailey - total 7. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. N Minutes August 1, 1995 X63 Consideration was then given to Ordinance No. 16,941, described as: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED ZONING DISTRICT TITLED RIVERSIDE BOX PCD (Z- 4796 -A), AND LOCATED AT 7008 FOURCHE DAM PIKE 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; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Sharp, 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 Adcock, 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 there was a third and last reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,942, with the title being: AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF SIDEWALK AND STREET IMPROVEMENT REQUIREMENTS FOR RIVERSIDE BOX PLANNED COMMERCIAL DISTRICT (Z- 4796 -A) LOCATED AT 7008 FOURCHE DAM PIKE. and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,445, adopted July 18, 1995, on the petition filed by Jim Irwin on June 30, 1995, to vacate and close a portion of Fairview Road at the intersection of Fairview Road and Pleasant Ridge Road in Fairview Park Addition to the City of Little Rock. Attached to the petition was a certified copy of the Plat of Fairview Park Addition and a letter from First Security Title Company listing the last owners of record to abutting property. The abandonment was approved by the Planning Commission on May 16, 1995. The notice of hearing was published on July 25, 1995, and August 1, 1995. Mayor Dailey declared the public hearing open. No opposition was presented and Mayor Dailey declared the public hearing closed. Ordinance No. 16,943 was then introduced, with the title being: 7 164 Minutes August 1, 1995 AN ORDINANCE VACATING AND CLOSING A PORTION OF FAIRVIEW ROAD AT THE INTERSECTION OF FAIRVIEW ROAD AND PLEASANT RIDGE ROAD IN FAIRVIEW PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,446, adopted July 18, 1995, on the petition filed by Attorney Gayle Corley on behalf of the Central Arkansas Library System on July 3, 1995, to vacate a portion of the alley in Block 6, Lincoln Park Addition for the Fletcher Branch Library at 5805 "H" Street. Attached to the petition was a certified copy of the plat of Lincoln Park Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last owners of record to abutting property. The abandonment was approved by the Planning Commission on September 20, 1994. The notice of hearing was published on July 25, 1995, and August 1, 1995. Mayor Dailey declared the public hearing open. No opposition was presented and Mayor Dailey declared the public hearing closed. Ordinance No. 16,944 was then introduced, with the title being: AN ORDINANCE VACATING AND CLOSING THE NORTH 180 FEET OF THE ALLEY IN BLOCK 6 OF LINCOLN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. Consideration was then given to Ordinance No. 16,945, entitled: AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH AT &T AND IBM TO CONTINUE COMPUTER MAINTENANCE FOR ONE YEAR; 8 Minutes August 1, 1995 y65 and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by.Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. The next presentation was Ordinance No. 16,946, described as: AN ORDINANCE APPROPRIATING FUNDS TO ESTABLISH A CITY - OPERATED VEHICLE IMPOUNDMENT LOT; AND FOR OTHER PURPOSES; (Not to exceed $300,000.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. Introduced next was Ordinance No. 16,947, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE) TO REAPPROPRIATE FUNDS FROM THE FUTURE- LITTLE ROCK RESERVE; AND FOR OTHER PURPOSES; ($30,000 for expansion of Neighborhood Alert Centers.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Sharp, which was seconded by Director Keck 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, 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 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 vote recorded as follows: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, 9