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HomeMy WebLinkAbout04-02-96392 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 2, 1996 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Mason, Adcock, Hinton, Hodges, Keck, Joyce and Wyrick - total 8; Absent - Directors Kumpuris and Wilson - total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Wyrick, followed by the Pledge of Allegiance. Mayor Dailey announced that the Olympic Torch Relay briefing was deferred to April 16, 1996, and that Item 29, a Resolution renewing the taxicab operator permit for Black & White Cab Company, was withdrawn. Vice Mayor Adcock presented a plaque to Don Morrow, Manager- Engineer of the Little Rock Municipal Water Works, and William Faulkner, Chairman of the Water Commission, recognizing the Little Rock Municipal Water Works for 60 years of providing high quality drinking water and outstanding customer service to the citizens of Little Rock. Consideration was then given to the Consent Agenda which consisted of the following items: (1) Approval of the Minutes of the Board of Directors regular meeting held November 7, 1995, and the reconvened meeting held November 14, 1995. (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1996. (3) Resolution No. 9,651, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 88 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (April 16,1996.) (4) Resolution No. 9,652, described as : A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN BLOCK 174 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (April 16, 1996.) (5) Resolution No. 9,653, with the title being: A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK. (Koch Materials; Levi - Strauss, Sharper Image, Siemens - Allis, Inc., and Wildwood Park.) (6) Resolution No. 9,654, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LASITER ASPHALT FOR THE CONSTRUCTION OF TWO PARKING LOTS TO SERVE THE RIVER MARKET DISTRICT. (500 and 600 blocks of East Second Street.) (Contract not to exceed $467,285.) 1 Minutes April 2, 1996 {1 and there was a full reading of the Resolution. There was a motion and second by Directors Sharp and Mason, respectively, to adopt the Resolution, and the Resolution was unanimously adopted. Item 30 was a proposed Resolution authorizing the City Manager to advertise the taxicab franchise for 1997. Mayor Dailey announced the Resolution would be considered at the reconvened meeting on April 9, 1996, along with the Resolution renewing the taxicab operator permit for Black and White Cab Company. At 9:45 o'clock P.M., the Board of Directors recessed to Executive Session to consider appointments to the Little Rock Planning Commission. When the Board of Directors reconvened from Executive Session at 10:15 o'clock P.M. Mayor Dailey presided and all Directors were present. Resolution No. 9,662 was introduced, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE CITY BEAUTIFUL COMMISSION AND THE LITTLE ROCK PLANNING COMMISSION. (City Beautiful Commission - Randall Stocks appointed to fill the unexpired term of James Goodhart; Planning Commission - Hugh Earnest appointed to fill the unexpired term of Diane Chachere.) Following the reading of the Resolution, there was a motion and second by Directors Adcock and Keck, respectively, to adopt the Resolution, and the Resolution was unanimously adopted. There being no further business to be presented, the Board of Directors recessed at 10:17 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday April 9, 1996, to consider the appropriation for the National Youth Council Against Violence and the taxicab operator permit for Black and White Cab Company as well as the advertising of the taxicab franchise for 1997. ATTEST: APPROVED: City Clerk Robbie Hancock ayor Jim Dailey 10 Minutes April 2, 1996 9,3 (7) Resolution No. 9,655, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF AMMUNITION FOR THE LITTLE ROCK POLICE DEPARTMENT. (Phillips Police Equipment of Tulsa, OK - not to exceed $40, 000.) (8) Resolution No. 9,656, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUTURE- LITTLE ROCK FUNDING AND AWARD CONTRACTS FOR DESIGN EXHIBIT SERVICES FOR THE NEW MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. (Contract with Design /Joe Sonderman, Inc. and Lester Associates - not to exceed $152, 000 for exhibit design services; contract with AMR Architects - not to exceed $196,000 to design exhibits and supervise exhibit subcontractors. New facility will be located in the Terminal Building at 500 East Markham Street.) (9) Resolution No. 9,657, entitled: A RESOLUTION AUTHORIZING A FRANCHISE TO DENNIS MARTINDILL AND DANNY MARTINDILL, FOR USE OF A PORTION OF EAST THIRD AND MCLEAN STREETS, FOR BUSINESS PURPOSES. (Previously franchised to Spaghetti Warehouse, Inc., located at 1010 West 3rd Street.) (10) Resolution No. 9,658, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE DOWNTOWN PARTNERSHIP AND EAST - HARDING, INC. TO CONSTRUCT RIVERFEST AMPHITHEATRE IMPROVEMENTS. ($551,300.) Upon a motion by Director Adcock, which was seconded by Director Joyce and _ unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Minutes of the Board of Directors regular meeting held November 7, 1996, and the reconvened meeting held November 14, 1995, were approved as written and distributed to the Board of Directors; (2) the Comparative Statement of the Little Rock Municipal Water Works was received and filed; and (3, 4, 5, 6, 7, 8, 9, and 10) Resolutions No. 9,651, 9,652, 9,653, 9,654, 9,655, 9,656, 9,657 and 9,658 were read in full and unanimously adopted. Mayor Dailey announced that the City of Little Rock had been chosen to host the 1999 Sister Cities Conference. Item 27 on the Agenda was a proposed Ordinance appropriating funds for the National Youth Council Against Violence and authorizing a contract for youth services. Mayor Dailey announced that the Ordinance was deferred until the reconvened meeting on Tuesday, April 9, 1996. At the time allotted for Citizen Communications, the first speaker was Mr. W. E. Scott, a Black and White taxicab driver, who stated he and other drivers with Black and White Cab Company, would like to become independent cab drivers. Mayor Dailey asked City Attorney Tom Carpenter to provide the Board with the history of the independent cab companies by Tuesday, April 9, 1996. The next speaker was Mr. Robert "Say" McIntosh, who spoke to the Board about black on black crime and Little Rock School Superintendent Henry Williams' racism. Mr. Robert Phillips was the last speaker to address the Board of Directors under Citizen Communications. Mr. Phillips also spoke on racism and said Little Rock Police Officers arrested him even though he was the one that called Police. He said he has a business at 1516 South University and called 911 twice on Saturday to report that his life was in danger. When the Officers came they arrested him for disorderly conduct. They 394 Minutes April 2, 1996 wouldn't let him lock his business and he had to leave it unlocked for six hours while he was in the County Jail, and that the Police Officers never took a statement from him. Mayor Dailey asked City Manager Charles Nickerson to check with Police Chief Lou Caudell. (Director Kumpuris enrolled at 6:23 P.M. and Director Wilson enrolled at 6:25 P.M.) (Director Sharp was excused at 6:25 o'clock P.M. before discussion on Item #11 - Z -6084 - to rezone property at South Shackleford Rd. and West 36th Street, because one of the people involved was a business associate of his.) Consideration was then given to Item 11, a proposed Ordinance to rezone property at the northeast corner of South Shackleford Road and West 36th Street (Z -6084) from "R -2" Single - family District to 11C -2" Shopping Center District. (Note: This was an appeal of the Planning Commission denial, filed by Mr. Pete Hornibrook of Rector, Phillips, Morse. The public hearing was held February 20, 1996 and the first and second readings of the Ordinance occurred. The third reading was deferred to March S, 1996, at which time it was again deferred to April 2, 1996, as requested by Mr. Hornibrook.) The Ordinance was then read the third and last time. Director Adcock asked why staff recommended denial. Mr. Jim Lawson, Director of Neighborhoods and Planning, explained that the Land Use Plan shows this as Office Use and it is next to Our Way, which is a residential use, and there is residential use to the north also. With C -2 classification, the property could be used for a bar or restaurant, or many other uses. Staff feels very uncomfortable with that kind of blanket rezoning. The John Barrow Neighborhood is interested in having a grocery store there. Mr. Pete Hornibrook then explained the proposal for the narrow piece of property. He said that Our Way supports this node being a neighborhood shopping center. He said he has agreed to meet with the John Barrow Neighborhood Association again. He was willing to make this a PCD and change it from a "C -2" so there would be more control over it, to defer it or to have it voted on. Ms. Betty Snyder, representing the West Central Little Rock Coalition of Neighborhoods, asked for time to go back to the Coalition to discuss the proposal. There was a motion by Director Joyce to defer the vote for thirty days. The motion was seconded by Director Keck and unanimously adopted. Therefore, the vote on the Ordinance was deferred until May 7,1996. (Director Sharp re- enrolled at 6:35 o'clock P.M.) Introduced next was Ordinance No. 17,150, described as: AN ORDINANCE TO AMEND THE CITY AND USE PLAN (16,222) IN THE OTTER CREEK DISTRICT, NORTH OF OTTER CREEK PARKWAY AND EAST OF BLACK WALNUT CIRCLE FROM MULTIFAMILY TO SINGLE FAMILY AND FOR OTHER MATTERS; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Minutes April 2, 1996 395 The next presentation was Ordinance No. 17,151, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT - RESIDENTIAL DISTRICT TITLED COURTSIDE PLACE LONG -FORM PD -R (Z- 3454 -A), LOCATED ON THE NORTH SIDE OF OTTER CREEK PARKWAY, APPROXIMATELY 0.3 MILE WEST OF STAGECOACH 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; (Z- 3454 -A - Courtside Place Long -form PD -R, located on Otter Creek Parkway west of Stagecoach Road.) and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,152, 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 MINIMUM LOT DEPTH REQUIREMENT FOR COURTSIDE PLACE LONG -FORM PD -R (Z- 3454 -A), LOCATED ON THE NORTH SIDE OF OTTER CREEK PARKWAY, APPROXIMATELY 0.3 MILE WEST OF STAGECOACH RD., LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,153, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT - OFFICE DISTRICT TITLED PIEDMONT OFFICE PARK SHORT -FORM PD -O (Z- 6060), LOCATED ON THE SOUTH SIDE OF CANTRELL RD., APPROXIMATELY 0.1 MILE EAST OF SAM PECK 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 Keck, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 4 396 Minutes April 2, 1996 eleven in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,154, described as: AN ORDINANCE AMENDING SECTION 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE OF STREET STANDARDS FOR LOYOLA DRIVE EXTENSION AND VILLAGE COMMONS ROAD WITHIN THE VILLAGES OF WELLINGTON; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,155, with the title being: AN ORDINANCE AMENDING SECTION 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A SIDEWALK VARIANCE FOR THE VILLAGES OF WELLINGTON; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, 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, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,156, entitled: AN ORDINANCE AMENDING SECTION 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE OF STREET STANDARDS FOR STREET CURBING FOR THE VILLAGES OF WELLINGTON INCLUDING LOYOLA DRIVE EXTENSION AND VILLAGE COMMONS ROAD; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 5 Minutes April 2, 1996 397 eleven in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock 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 eleven in number and two- thirds or more of the members of the Board of Directors, 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 Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,157, described as: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED HARRIS SHORT -FORM POD (Z- 6098), LOCATED AT 2609 S. BATTERY 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 there was a first reading of the Ordinance. Mr. Jim Lawson, Director of Neighborhoods and Planning, explained that the applicant had bought a Morgan manufactured building and placed in her back yard to be used as a beauty shop. The Planning Commission approved the POD, but staff recommended denial because it was against the Land Use Plan, which shows this as a residential area. Mr. Randal Mitchell, representing the applicant Mary Harris, stated that Mrs. Harris had spent a great deal of money before she found out about the City Codes. She has agreed to comply with the City Codes. Mr. Lawson stated that this will be for use by Mrs. Harris only and no one else can operate a business there. If the POD is approved she will have to do the things required under the site plan review. Director Adcock then moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Mason 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. The Ordinance was then read the second time, followed by a subsequent motion and second to suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Mason, 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. The third and last reading of the Ordinance ensued, followed by a roll call vote on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 10; Noes - None; Absent - None; Voting Present - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was a proposed Ordinance, with the title being: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE FOR A WAIVER OF SECTION 30 -43 FOR LOT 7 OF CHENAL LOOP COMMERCIAL SUBDIVISION IN LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. Mr. Joe White, representing Deltic Farm and Timber, explained the project and asked the Board of Directors to allow one driveway for each of the some 200 foot wide sites, Lots 2 through 7. The street is 36 feet wide and 1000 feet long and does not function as a collector street, because it ends in a cul -de -sac on the south end. Staff recommends approval of the waiver for Lot 7, but denial of waivers for Lots 2 through 6. Mrs. Chandra Russell, Director of Public Works, stated that the City Ordinance requires 300 ft. between driveways for commercial lots. She recommended shared driveways for Lots 2 and 3 and for Lots 5 and 6, with a single driveway for Lot 4. This will be three driveways for 900 feet. After further discussion, Mr. White stated that he had just been advised by Mr. Jack McCray, Deltic Farm & Timber representative, to accept the City's recommendation of shared driveways. Therefore, the request for the waiver was withdrawn. Mr. White stated that there was some difference of opinion between the Planning Staff and the Public Works Staff on the C • Minutes April 2, 1996 interpretation of the driveway ordinance and he had asked the City Attorney's Office for clarification in order that the two departments would be in agreement. There was a motion by Director Keck to withdraw the Ordinance from the Agenda. The motion was seconded by Director Adcock, and unanimously adopted. Therefore, the proposed Ordinance was withdrawn. Item 21 on the Agenda was a motion to consider rescinding the zoning reclassification of 2322 Bragg Street (Z- 5452 -A). (Note Ordinance No. 17,135, passed March 5, 1996, rezoned the property from "R -4" Two-family District to "0-1 " Quiet Office District.) Director Wilson moved to consider rescinding the zoning reclassification of 2322 Bragg Street, and the motion was seconded by Director Hinton. A roll call vote was taken on the motion as follows: Ayes - Directors Wilson and Hinton - total 2; Noes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Hodges, Keck, Joyce and Mayor Dailey - total 9. Whereupon, Mayor Dailey announced that the motion to reconsider had FAILED. A public hearing had been scheduled for this time and place on the proposal to establish the Chenal Valley Municipal Property Owners Multipurpose Improvement District No. 4 of the City of Little Rock, Arkansas. At 7:10 o'clock P.M., Mayor Dailey declared the public hearing open. City Manager Charles Nickerson stated the issue before the Board is whether the Board allows the creation of the Improvement District. Staff is not opposed to the creation of the Improvement District, nor to the completion and extension of the road (known as the Outer Loop) tying into Taylor Loop Road and on to the north property line of Deltic property as proposed. Where staff and the District diverge is whether those lanes north of the commercial area should be three lanes with a waiver of the two future lanes that we believe will be necessary to carry traffic in this area versus a deferral. Staff can support a deferral for a period of time until traffic generation is sufficient to warrant the additional lanes, but cannot recommend that the public pick up the cost of the completion of those two lanes. City Attorney Tom Carpenter said the issue before the Board is (1) whether or not the property owners within the district are fewer in number than 25; if the answer is yes; then (2) whether a requisite number of them want this District formed. If the answer to that question is yes, then the Board has no legal reason to refuse to form the District. The legislative act does not give the Board any discretion. There was a lengthy discussion on the adverse effect the construction of the Outer Loop would have on the residents on Pebble Beach Drive, and whether or not a solution would be the closing of Pebble Beach Drive. Director Keck asked about the process for closing Pebble Beach. Mr. Lawson said that Pebble Beach stops at the end of the pavement. The Master Street Plan would need to be amended to provide for a cul -de -sac at the end of Pebble Beach Drive. Attorney Bill Spivey, representing the property owners who filed the petition for the formation of the Improvement District, explained the proposal, stating that the District would move forward as a vehicle to construct a number of municipal improvements, the principal one being the construction of the Outer Loop Road. The property owners are asking that when and if the street is constructed all the way from Chenal to Taylor Loop, the financial obligation of the property owners be waived for the future construction of the additional two lanes. Speaking in opposition were: Ms. Sandy Hockstetter, John Lessel, Ralph Munday, Anna Gammill, Hunter Gammill, Barry Finan, Michael Henderson, Dennis Ford, Peter Longo. Ms. Hockstetter said this is not a simple ordinance to create the improvement district, it deals with the implementation of a portion of the Master Street Plan. The concern was the impact of the connection of the Outer Loop with Pebble Beach Drive and the resulting traffic problems. Mr. Joe White, engineer for the Improvement District, explained some of the issues related to the Outer Loop and the Master Street Plan, and asked the Board to approve the establishment of the Improvement District. The Board discussed other alternatives (to go from Outer Loop to Henson Rd., amend the Master Street Plan, closing Pebble Beach Road, etc.). There was also some discussion to table the Ordinance, but City Attorney Tom Carpenter advised the Board did not have the statutory authority to table the Ordinance. Mr. Spivey asked that the Ordinance be read the first time and left on the calendar for second reading, which would give him the opportunity to consider some of the suggestions. At 8:35 o'clock P.M. Mayor Dailey declared the public hearing closed and the proposed Ordinance was presented, with the title being: 7 Minutes April 2, 1996 , 399 z AN ORDINANCE ESTABLISHING THE CHENAL VALLEY MUNICIPAL PROPERTY OWNERS MULTI- PURPOSE IMPROVEMENT DISTRICT NO. 4 OF THE CITY OF LITTLE ROCK, ARKANSAS; (Outer Loop/Pebble Beach Drive.) and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Hodges, to suspend the rules and place the Ordinance on second reading. A roll call vote on the suspension of the rules is recorded as follows: Ayes - Directors Sharp, Wilson and Hodges - total 3; Noes - Directors Wyrick, Mason, Kumpuris, Adcock, Hinton, Keck, Joyce, and Mayor Dailey - total 8. Therefore, the Ordinance was left on the calendar for second reading on April 16, 1996. There was a subsequent motion and second by Directors Keck and Kumpuris, respectively, to defer the second reading of the Ordinance until May 7, 1996. The motion was unanimously adopted, therefore the second reading of the proposed Ordinance was deferred until May 7,1996. At 8:50 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 9:05 o'clock, Mayor Dailey presided and all Directors were present. Consideration was then given to Ordinance No. 17,158, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; (College Station Elementary School Annexation - 10.272 acres.) 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 Joyce 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, and there was a second reading of the Ordinance. There was a subsequent motion and second by Directors Hinton and Joyce, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of ten ayes and one no (Director Wilson), being two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wyrick, Mason, Kumpuris, Adcock , Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 10; Noes - Director Sharp - total l; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the proposed amendment to the 1995 Consolidated Plan to issue a Section 108 loan for the rehabilitation of Kramer School, located and 715 Sherman Street. At 9:10 o'clock P.M. Mayor Dailey declared the public hearing open. The first speaker was Mr. Robert Brown, speaking on behalf of Granite Mountain Improvement Association, stating that the CDBG loan to Kramer School would take away from the grant program and Granite Mountain and others would have to wait for funds. Director Adcock asked for assurance that the money is not being taken away from neighborhoods. City Manager Charles Nickerson stated that at the present time funding is not in place from the private sector. He asked the Board to authorize him to apply for the Section 108 loan; however, he would not actually apply for the loan until all the private funds are in place. Responding to a question by Director Keck, Mr. Nickerson stated the amount of the loan is $830,000 to be paid back at $89,200 per year for 16 years. Mr. Carpenter stated that the Section 108 loan is a loan. CDBG funds may be the only source to actually repay the Kramer loan. The Board may have to make certain dollars available for CDBG projects, and then use CDBG funds to pay back the Kramer loan. His recommendation was to add the following phrase to the end of Section 2: 'provided there is no decrease in the funds available on an annual basis for CDBG projects. " Director Adcock moved to amend the proposed Resolution by adding to the end of Section 2 the phrase: "provided there is no decrease in the funds available on an annual basis for CDBG projects." we Minutes April 2, 1996 The motion was seconded by Director Keck and adopted by a vote of 10 ayes and 1 no (Mayor Dailey). Resolution No. 9,659, as amended, was then introduced, with the title being: A RESOLUTION APPROVING THE AMENDMENT TO THE 1995 CONSOLIDATED PLAN TO ISSUE A SECTION 108 LOAN FOR THE REHABILITATION OF KRAMER SCHOOL. Following the reading of the Resolution, there was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Joyce and unanimously adopted. Therefore, Resolution No. 9,659 was unanimously adopted. The next presentation was a proposed Ordinance entitled; AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS, REVISED CODE SECTION 2 -243 (1988) TO RECOGNIZE STORMWATER UTILITY MANAGEMENT SERVICES AND INFORMATION SYSTEM SERVICE CONSULTANTS AS PROFESSIONAL SERVICES FOR THE CITY OF LITTLE ROCK, ARKANSAS AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; City Manager Charles Nickerson and Public Works Director Chandra Russell responded to questions by the Board, explaining that the Request for Proposals (RFP) is being prepared and will be advertised locally and nationally. Director Wyrick stated she would like for the infrastructure task force to do its work; that she felt like the Board is being steamrolled into asking the public to pay a tax for infrastructure. Mrs. Russell said Staff is looking at a structure that can be phased in over a period of time. The Ordinance was then read the first time. 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, and the second reading of the Ordinance ensued. City Attorney Tom Carpenter advised that the third reading of the Ordinance must be at a separate regularly scheduled meeting. Therefore, there was no motion for the suspension of the rules to provide for the third reading, and the Ordinance was left on the calendar for third and final reading on April 16, 1996. Consideration was then given to Resolution No. 9,660, entitled: A RESOLUTION APPROVING THE 1997 TRANSPORTATION IMPROVEMENT PROGRAM (TIP). (University Avenue - 28th St. to Asher Avenue; Rodney Parham - Woodland Heights Drive to Hinson Road; Napa Valley and Mara Lynn - Hinson Road to Bowman Road; Chicot Rd. Sidewalks - Mabelvale Cutoff to Yarberry Lane.) Public Works Director Chandra Russell responded to questions by Director Adcock regarding the priority list. Staff had originally proposed the Geyer Springs Overpass project, but learned there would only be $4.2 million available instead of $5 million. Only 70% of any one project can be requested. The cost of the Geyer Springs Overpass would be nearly $7 million and only $4.2 million is available for the entire metropolitan area. Following the reading of the Resolution, there was a motion by Director Mason to adopt the Resolution. The motion was seconded by Director Sharp and the Resolution was unanimously adopted. The next presentation was Resolution No. 9,661, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE DOWNTOWN PARTNERSHIP AND LASSITER ASPHALT CO., IN AN AMOUNT ANTICIPATED NOT TO EXCEED $197,924, TO PROVIDE CONSTRUCTION OF COMMERCE STREETSCAPE; AND FOR OTHER PURPOSES; (From East Markham Street to the Riverfest Amphitheatre, located in Julius Breckling Riverfront Park.) E