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HomeMy WebLinkAbout02-20-963 5 7 ' Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas February 20, 1996 - 5:30 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, mason, Adcock, Joyce, and Wyrick - total 5; Absent - Directors Kumpuris, Wilson, Hinton, Hodges, and Keck - total 5. 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 Mayor Dailey, followed by the Pledge of Allegiance. (Director Hodges enrolled at 5:32 o'clock P.M.) Consideration was then given to the Consent Agenda as follows: (1) Resolution No. 9,617, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR TIRE RECAPPING FOR THE DEPARTMENT OF FLEET SERVICES. (Fleet Tire Service - not to exceed $39,560.) (2) Resolution No. 9,618, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER _ INTO A CONTRACT WITH KEY WEST ENTERPRISES FOR JANITORIAL SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES. (Not to exceed $59,808.) (3) Resolution No. 91619, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS FOR IMPROVEMENTS TO MABELVALE CUTOFF FROM CHICOT TO GEYER SPRINGS ROADS; ALLOCATING 1988 CAPITAL IMPROVEMENT BOND FUNDS. (Not to exceed $1,002,600.) (4) Resolution No. 9,620, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LAMBERT CONSTRUCTION COMPANY FOR IMPROVEMENTS TO GEYER SPRINGS ROAD FROM VALLEY DRIVE TO MABELVALE CUTOFF; ALLOCATING 1988 CAPITAL IMPROVEMENT BOND FUNDS. (Not to exceed $881,450.) (5) Resolution No. 9,621, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HALL CONTRACTING CORP. FOR THE — REHABILITATION OF THE WRIGHT AVENUE BRIDGE OVERPASS, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (6) Resolution No. 9,622, with the title being: A RESOLUTION APPROVING THE SALE OF PROPERTY ON ASCENSION ROAD. (Part of Lot 29, Block 3, Westwood Addition - 7924 Ascension Road - to Robert L. Younts.) 1 366 Minutes February 20, 1996 there was no motion to suspend the rules to provide for the third reading; therefore, the Ordinance was left on the calendar for third and final reading on March 5, 1996. Item 13 on the Agenda was a proposed Ordinance described as: AN ORDINANCE AMENDING THE PROVISIONS OF SECTION 36- 85(D) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARK., PROVIDING FOR A WAIVER OF RIGHT -OF -WAY DEDICATION FOR GEYER SPRINGS ROAD AND MEYERSON DRIVE WHERE ADJACENT TO PROPERTY LOCATED AT 6000 MYERSON DR.; (Director Rock was excused at 7:05 o'clock P.M.) and there was a first reading of the Ordinance, followed by a motion to suspend the rules and place the Ordinance on second reading. The motion was made by Director Mason, seconded by Director Sharp, and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Sharp and Mason, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - None; Noes - Directors Hodges, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Absent - Directors Wilson and Keck - total 2. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Consideration was then given to Item 17 being Ordinance No. 17,128, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED GOODWIN 301 E. ROOSEVELT SHORT -FORM PCD (Z- 6063 -A), LOCATED AT 301 E. ROOSEVELT RD., 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 Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors -elect 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hodges, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Noes - None; Absent - Directors Keck and Wilson - total 2. Whereupon, Mayor Dailey declared the Ordinance PASSED. 10 Minutes February 20, 1996 367 Item 26 was the next presentation, Ordinance No. 17,129, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF THE SIDEWALK REQUIREMENTS FOR RIVERS EDGE OFFICE BUILDING, TRACT 4R, RIVER FRONT ADDITION (BP94 -153), LOCATED AT 2222 COTTONDALE LANE, LITTLE ROCK, ARKANSAS. The Ordinance was prepared as a waiver of the sidewalk requirements. However, there was a motion by Director Adcock, seconded by Director Joyce, to amend the Ordinance from a waiver to a deferral of up to 5 years or until construction of abutting sidewalk, whichever comes first. The motion was unanimously adopted. Therefore, the Ordinance providing for a deferral was read the first time. There was a motion and second by Directors Adcock and Mason, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Mason to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce and 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 and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hodges, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Noes - None; Absent - Directors Keck and Wilson - total 2. Whereupon, Mayor Dailey declared the Ordinance PASSED. (Director Keck re- enrolled at 7:10 o'clock P.M.) Item 27 on the Agenda was a proposed Ordinance described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARK. PROVIDING FOR A SIDEWALK DEFERRAL REQUIRED FOR BUILDING EXPANSION OF SOUTHWEST LIBRARY LOCATED AT 5702 DREHER LANE, LITTLE ROCK, ARK. Dr. Bobby Roberts, Executive Director of the Central Arkansas Library System, spoke in support of the deferral, stating if the sidewalk would serve any legitimate purpose, it would have been included in the plans. He said the Library would be glad to build the sidewalk when plans are in place for other sidewalks, but this sidewalk goes nowhere. At Director Wyrick's request, Mr. Roberts explained that he has been in contact with the Arkansas Disability Coalition, and basically, the Coalition said the sidewalk goes nowhere. Director Wyrick said she couldn't see that the sidewalk would connect with anything, and she supported the deferral. Director Adcock had questions about the State Highway Department property behind the Library and whether sidewalks would be required that would connect to the Library property. She also had questions about the number of parking spaces available for the Library. She stated that the property in front of the Library is being donated to the Windamere Neighborhood Association for a park or other neighborhood use and suggested that Mr. Roberts contact the Windamere group about putting in parking spaces on the property for use of the Library. Director Sharp recommended deferral until sidewalks come to the property line. Director Joyce recommended leaving the Ordinance on first reading. City Manager Charles Nickerson recommended 11 •i Minutes February 20, 1996 deferral until property developes that would trigger the requirement for sidewalk construction. City Attorney Tom Carpenter expressed concerns because the law reads that it is the City's responsibility to assure that sidewalks are available for public buildings and if sidewalks are there then curb cuts are required. Mr. Carpenter also recommended leaving the Ordinance on first reading so that he could check into the other aspects. Following the lengthy discussion, the Ordinance was read the first time and left on the calendar for second reading on March 5, 1996. A public hearing had been scheduled for this time and place by Resolution No. 9,616, adopted February 6, 1996, to consider the use of 1996 CDBG, HOME, and ESG funding. Mayor Dailey declared the public hearing open. No one was present who wished to speak in opposition to the proposal. Therefore, Mayor Dailey closed the public hearing, and Resolution No. 9,623 was presented, entitled: A RESOLUTION AUTHORIZING APPROVAL OF THE PROJECTED USES OF 1996 CDBG, HOME AND ESG FUNDING. (CDBG - $2,432,000; HOME - $874,000; ESG - $95,000.) Following the reading of the Resolution, there was a motion by Director Keck to adopt the Resolution. The motion was seconded by Director Sharp, and the Resolution was unanimously adopted. Introduced next was Ordinance No. 17,130, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH SIX CONTRACTORS TO PROVIDE YOUTH INITIATIVE PROJECT SERVICES AT TEN SPECIFIC SITES WITHIN THE CITY, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. and the Ordinance was read the first time. There was a motion by Director Keck, 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 ten in number and two - thirds or more of the members of the Board of Directors -elect and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Sharp and Keck, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Consideration was then given to Resolution No. 9,624, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A RIGHT -OF -WAY EASEMENT TO ARKANSAS POWER AND LIGHT TO CONSTRUCT ELECTRIC FACILITY ON CITY PROPERTY; 12 369 Minutes February 20, 1996 (City owned property in the North University area which is part of Rebsamen Park.) and the Resolution was read in full. Director Keck moved for the adoption of the Resolution. Director Mason seconded the motion, and the Resolution was unanimously adopted. The next presentation was Ordinance No. 17,131, with the title being: AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., ORDINANCE NO. 16,382 (MARCH 13, 1993) CONCERNING THE MUNICIPAL JUDGES RETIREMENT PLAN; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; (Ordinance No. 16,382 permitted credit for prior public service as quorum court member and a law enforcement officer for persons serving as a municipal judge to be applied to the retirement plan.) and the Ordinance was read the first time. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Wyrick and unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was subsequent motion and second by Directors Adcock and Mason, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hodges, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Noes - None; Voting Present - Director Sharp - total 1; Absent - Director - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 9; Noes - None; Voting Present - Director Sharp - total 1; Absent - Director Wilson - total 1; Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Sharp questioned why the Ordinance was ever passed three years ago. City Attorney Tom Carpenter explained the City was asked to pass the Ordinance pursuant to a particular State Act, and in recent research, found that the State Act did not apply to Traffic Judge Bill Watt. Mayor Dailey said obviously the City made a mistake and this action corrects that mistake. The City will move forward with legislative relief that will be consistent for all of our municipal judges.) In response to the request of City Attorney Tom Carpenter to add to the Agenda a Resolution to accept termination of magistrate positions in Municipal Court, Director Keck moved to place the Resolution on the Agenda. The motion was seconded by Director Adcock and unanimously adopted. Whereupon, Resolution No. 9,625 was presented, with the title being: A RESOLUTION TO ACCEPT THE DECISION OF THE LITTLE ROCK MUNICIPAL COURT TO DISCHARGE ITS MAGISTRATES; AND FOR OTHER PURPOSES; (Terminate positions of Magistrate held by Richard Grasby and Mark Hampton, Second Division (Traffic), Little Rock Municipal Court.) 13 370 Minutes February 20, 1996 and the Resolution was read in full. Director Keck moved for the adoption of the Resolution. The motion was seconded by Director Adcock, and the Resolution was unanimously adopted. Consideration was then given to Ordinance 17,132, entitled: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PULASKI COUNTY TO ADMINISTER AND SUBCONTRACT THE "OUR CLUB" PROGRAM, A YOUTH DEVELOPMENT/ MENTORING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Joyce to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by a roll call vote on the question, Shall the Ordinance Pass, as recorded: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1; Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. At the time allotted for Citizen Communications, the first speaker was Mr. Robert "Say" McIntosh, who spoke about the recent murder at the Subway Restaurant. The next speaker under Citizen Communications was Ms. Maggie Hawkins, who urged the Board of Directors not to close the fire station at Roosevelt and Confederate. The City plans to construct a new fire station at Roosevelt and Frazier Pike, which would be to the disadvantage of the residents in the area of Roosevelt and Confederate. She presented a petition to Mayor Dailey signed by residents in opposition to the proposed closing of the fire station. Mayor Dailey asked that this matter be on the Agenda for next Tuesday. Mrs. Nellie Leonard also spoke on the subject of the fire station at Roosevelt and Confederate, saying area residents thought the station was to be renovated, and now they are told it is to be moved. She concluded by pleading, "Do not move the station." Director Kumpuris asked City Manager Charles Nickerson to take the names and addresses of speaking on the fire station issue and plot where they would be served from and what the response time would be. Director Joyce presented Certificates of Appreciation to J. R. Purifoy, Ilene Smith and Erlene Siler, officers of Wakefield Neighborhood Association whose terms have expired. 14 Minutes February 20, 1996 City Manager Charles Nickerson announced the appointment of new employees as follows: Blinna Cunningham - Minority Economic Development Director; David Bragg - Fleet Services Director; and Tracy Rancifer - Administrative Services Coordinator. There being no further business to be presented, the Board of Directors recessed at 8:10 o'clock P.M. to reconvene at 4:00 P.M. on Tuesday, February 27, 1996, to consider a street widening issue. ATTEST: City Clerk Robbie Hancock 15 AP ROVED: M or Jim Dailey 371 358 Minutes February 20, 1996 Upon a motion by Director Adcock, which was seconded by Director Joyce and unanimously adopted, the Consent Agenda was dispensed with as follows: (1, 2, 3, 4, 5, and 6) Resolutions No. 9,617, 9,618, 9,619, 9,620, 9,621, and 9,622 were read and unanimously adopted. Mayor Dailey announced that the following items would be deferred until March 5, 1996: Item 18 - AN ORDINANCE PROVIDING FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY FOR RAYTHEON SERVICE COMPANY LOW LEVEL WINDSHEAR ALERT SYSTEM SITE #5, LOCATED ON A LEASED PROPERTY AT THE INTERSECTION OF SANDERS STREET AND FRAZIER PIKE. Item #9 - AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT, WEST OF BRAGG FROM 23RD TO 24TH STREETS FROM SINGLE FAMILY TO MIXED USE AND FOR OTHER MATTERS. Item #10 - AN ORDINANCE TO REZONE 2322 BRAGG STREET FROM 11R -4" TWO- FAMILY DISTRICT TO 110 -1" QUIET OFFICE DISTRICT. (Directors Rock and Hinton enrolled at 5:40 o'clock P.M.) Consideration was then given to Item 11 being Ordinance No. 17,114, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE 65TH STREET EAST DISTRICT, EITHER SIDE OF MYERSON DRIVE, EAST OF GEYER SPRINGS ROAD, FROM INDUSTRIAL TO SUBURBAN OFFICE AND MIXED USE, 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 Adcock, which was seconded by Director Joyce and 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 and second by Directors Adcock and Keck, 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 nine 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, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,115, 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; (Z -6087 - To rezone Lot 2, Myerson Manor (6000 Myerson Drive) from 11R -2" Single- Family District to 110-1" Quiet Office District.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members OA 359 Minutes February 20, 1996 of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Adcock and Keck, 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 nine 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, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,116, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT IN THE AREA BETWEEN MARSHALL AND BATTERY FROM 13TH TO 14TH STREETS, 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 Adcock, which was seconded by Director Joyce and 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 and second by Directors Adcock and Keck, 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 nine 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, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,117, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED WESTSIDE JR. HIGH SCHOOL SHORT -FORM POD (Z- 2559 -8) LOCATED IN THE BLOCK BOUNDED BY W. 14TH ST., S. WOLFE ST., W. 13th ST., AND S. MARSHALL ST., 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 Adcock, which was seconded by Director Joyce and 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 and second by Directors Adcock and Keck, 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 nine 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, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance was declared PASSED. CI Minutes February 20, 1996 The next presentation was Ordinance No. 17,118, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A POD DISTRICT TITLED SEVEN ACRES BUSINESS PARR AMENDED LONG -FORM POD (2- 5038 -B), LOCATED ON THE SOUTH SIDE OF CANTRELL RD., APPROXIMATELY 0.3 MILE EAST OF THE WEST TAYLOR LOOP RD. INTERSECTION, AND IMMEDIATELY EAST OF BELLA ROSA DR., IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,319 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 upon a motion by Director Adcock, which was seconded by Director Joyce and 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 and second by Directors Adcock and Keck, 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 nine 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, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,119, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER FROM THE SUBDIVISION REGULATION WHICH REQUIRES PROPER SUBDIVISION OF LAND FOR THE DAVID AND THERESA STERNS HOME SITE (Z- 6075), OUTSIDE THE CITY LIMITS, LOCATED AT 6401 SULLIVAN RD., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,120, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR VARIANCES FROM THE SUBDIVISION REGULATIONS WHICH RESTRICT THE NUMBER OF ACCESS POINTS TO LOTS FROM COLLECTOR STREETS, FOR PLEASANT RIDGE SUBDIVISION, LOTS 3A, 3B, 3C, 3D, AND 3E (S- 50 -I), LOCATED ON THE SOUTH SIDE OF PLEASANT E 361 Minutes February 20, 1996 RIDGE RD., APPROXIMATELY 0.2 MILE WEST OF CANTRELL RD., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,121, 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 FROM THE SUBDIVISION REGULATION WHICH PROHIBITS DOUBLE - FRONTAGE LOTS FOR POINT WEST 6TH ADDITION (S- 54 -U), LOCATED ON THE SOUTH SIDE OF KANIS RD., APPROXIMATELY 0.25 MILE WEST OF POINT WEST DR., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,122, described: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE SUBDIVISION REGULATION WHICH SETS A MINIMUM HORIZONTAL RADIUS FOR COMMERCIAL STREETS FOR CHENAL LOOP COMMERCIAL SUBDIVISION (S- 1090), LOCATED ON THE EAST SIDE OF CHENAL PARKWAY, APPROXIMATELY 0.4 MILE NORTH OF THE WEST KANIS RD. INTERSECTION, LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 362 Minutes February 20, 1996 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,123, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF THE SUBDIVISION REGULATION WHICH REQUIRES PROPER SUBDIVISION OF LAND, FOR A 10 -ACRE TRACT OWNED BY THE L.P. JENKINS FAMILY (S- 1091), LOCATED ON THE NORTH SIDE OF CRYSTAL VALLEY RD., APPROXIMATELY 0.4 MILE NORTH OF STAGECOACH RD., OUTSIDE THE CITY LIMITS, AT 8233 CRYSTAL VALLEY RD., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Presented next was Ordinance No. 17,124, 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 VARIANCES FROM THE SUBDIVISION AND ZONING REGULATIONS WHICH ESTABLISH MINIMUM FRONT AND REAR BUILDING SETBACKS AND ESTABLISH THE MINIMUM PERMITTED DEPTH OF LOTS, FOR HINSON VALLEY SUBDIVISION (8- 1089), LOCATED ON THE NORTH SIDE OF TAYLOR LOOP RD., APPROXIMATELY 0.2 MILE WEST OF THE HINSON RD. INTERSECTION AND IMMEDIATELY ACROSS TAYLOR LOOP RD. FROM HOLMES DR., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, 363 { Minutes February 20, 1996 Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,125, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE SUBDIVISION REGULATION WHICH ESTABLISHES A MINIMUM PERMITTED CENTERLINE OFFSET BETWEEN INTERSECTING STREETS FOR HINSON VALLEY SUBDIVISION (S- 1089), LOCATED ON THE NORTH SIDE OF TAYLOR LOOP RD., APPROXIMATELY 0.2 MILE WEST OF THE HINSON RD. INTERSECTION AND IMMEDIATELY ACROSS TAYLOR LOOP RD. FROM HOLMES DR., LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was made by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, 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 nine in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,126, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 12 -28 (1988) TO EXCEPT JOB QUALIFICATION REQUIREMENTS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; (No job qualifications in the Arkansas Fire Prevention Code are adopted in any form whatsoever, because they conflict with those already established by the City.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. Director Adcock again moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Keck and 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, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - 7 364 Minutes February 20, 1996 total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,127, with the title being: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, tc suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. Director Adcock again moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Keck and 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, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Hinton, and Mayor Dailey - total 9; Noes - None; Absent - Directors Kumpuris and Wilson - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Mayor Dailey read a Proclamation, which proclaimed the month of February as African American History Month. Mrs. Katie Studdard, a Fifth Grade Teacher at Terry Elementary School, brought a group of students who performed a skit titled "Freedom Days." Mayor Dailey presented Certificates of Appreciation to the students. (Director Kumpuris enrolled at 6:05 o'clock P.M.) Item 7 on the Agenda was a public hearing on the appeal of the Planning Commission's approval of a Conditional Use Permit for Cellular One, Norwood Lane Site (Z- 6061). The appeal was filed by the Norwood Family and the estate of Charles Norwood. (See Minutes of January 16, 1996, - Board of Directors deferred the public hearing to February 20, 1996.) Mr. Jack Kearney, attorney for the Norwood family, asked to have the public hearing deferred in order to obtain statements and have other family members and neighbors present. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that Staff requested a deferral the first time because the City might declare a moratorium on cellular communications towers in Little Rock, but determined otherwise. The applicant has done everything he can do. The tower and the building are in the middle of a one acre tract of ground with trees all around, and Staff recommends approval. City Attorney Tom Carpenter stated the question before the Board is, "Is there basis for deferral ?" Mayor Dailey then declared the public hearing open. Mr. Kearney again asked for a deferral because there were other family members that would like to be present but are out of town. He said the applicant has bought substantial property near Minutes February 20, 1996 665 the Norwood estate, and sometime during recent years acquired one acre within the Norwood estate where the tower is to be located. Mr. Kearney said the applicant did not want the tower on his property because it would block his view. Mr. Charles Grandison and Ms. Belva Nelson spoke in opposition to the location of the tower. Mr. Hunter Stuart, representing AT &T Wireless Services, formerly Cellular One Telephone Company, explained the proposal for the cellular communications tower. Mr. Gene Ludwig, property owner, spoke briefly about the location of the tower. Mayor Dailey declared the public hearing closed, and the proposed Resolution was presented, with the title being: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATIONS TOWER AND EQUIPMENT BUILDING TO BE LOCATED APPROXIMATELY 600 FEET EAST OF NORWOOD ROAD, NORTH OF PINNACLE VALLEY ROAD. Responding to a question by Mayor Dailey regarding where we are on tower proliferation, Assistant City Manager Cy Carney stated that President Clinton recently signed a new telecommunications bill and one provision of that bill is that cities are prohibited from imposing moratoriums on personal communication system towers. Mr. Carney felt the number of wireless providers would be very small. The Resolution was read in full, followed by a motion and second to adopt the Resolution. The motion was made by Director Hodges and seconded by Director Hinton. A roll call vote was taken on adoption of the Resolution as follows: Ayes - Directors Hodges, Joyce, Mason, and Hinton - total 4; Noes - Directors Keck, Wyrick, Sharp, Kumpuris, Adcock and Mayor Dailey - total 6; Absent - Director Wilson - total 1. Mayor Dailey announced that the Resolution had FAILED. Item 8 on the Agenda was a public hearing on the zoning Appeal of the Planning Commission's denial of the request to rezone property located at the northeast corner of west 36th Street and Shackleford Road (Z -6084) from 11R -2" Single - family District to 11C -2" Shopping Center District. The appeal was filed by Mr. Pete Hornibrook. Mayor Dailey declared the public hearing open. No one was present who wished to speak on the issue. Mayor Dailey declared the public hearing closed, and the proposed Ordinance was presented, 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; (Z -6084 - To rezone 11.99 acres at the northeast corner of South Shackleford Road and West 36th Street from "R -2" Single - family District to 11C -2" Shopping center District.) and 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. At the request of Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained the reason for recommending denial. He said Staff was concerned because this is next to "MF -12" Residential and just west of Our Way (a residential facility for physically and visually impaired persons). The Land Use Plan shows Public Institutional for this property. Staff could support MF -6 Multifamily or some sort of office development. There is no development plan, this is just a rezoning request. Due to the absence of the applicant,