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HomeMy WebLinkAbout05-07-96415 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 7, 1996 - 6:05 P.M. The Board of Directors 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 present: Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director Wilson - total 1. With a quorum present, Mayor Daily declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The invocation was given by Director Sharp, followed by the Pledge of Allegiance. Mayor Dailey announced that Item 20 (River Market Design Overlay District) would be deferred to May 14, 1996. Director Wyrick had questions about the revised Ordinance which will be presented to the Planning Commission on Thursday, May 9, 1996. If the Ordinance, as revised by the City Attorney, is approved by the Planning Commission, it will be presented to the Board of Directors at the reconvened meeting on May 14, 1997. Director Kumpuris stated that the revised Ordinance had been delivered to all eleven (11) property owners in the River Market District for their review before action by the Board of Directors. Therefore, the proposed Ordinance titled "AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO. 17,136 (3 -5 -96) TO ADD DESIGN GUIDELINES TO THE RIVER MARKET DESIGN OVERLAY DISTRICT, TO ADD ADDITIONAL SECTIONS BY REWRITING THE ENTIRE ORDINANCE, AND TO CODIFY IN CHAPTER 36 OF THE LITTLE ROCK CODE OF ORDINANCES" was deferred to May 14,1996. (Director Wilson enrolled at 6:10 o'clock P.M.) Referring to Agenda Item 32 ( Chenal Valley Municipal Property Owners Multi- purpose Improvement District No. 4), Mayor Dailey announced that after the staff presentation, thirty (30) minutes would be allowed for those speaking in support and thirty (30) minutes for those speaking in opposition; followed by questions by the Board of Directors. City Attorney Tom Carpenter announced that copies of related Options A & B ordinances were available. Mayor Dailey also announced that Agenda Item 35 - Airport Bond Issue - would be considered after Citizen Communications. Vice Mayor Adcock gave a report on the Litter Task Force and the recent neighborhood cleanup in the Central High Neighborhood. She then recognized Mr. J. R. Purifoy and Mr. Durwood Harris for their assistance in scheduling the cleanups. She also read a proclamation which proclaimed the week of May 5 -11, 1996, as Victory Outreach Week. Mr. Bill Bunten, Director of Parks and Recreation, gave a slide presentation in recognition of May 15, 1996, as Fitness Day and the month of May as Fitness Month. Also speaking on fitness were David Bazzel and Bryan Day. Daryl Dodson and Phyllis Hodges led Board members and the audience in some fitness exercises. Resolution No. 9,678 was then introduced, with the title being: A RESOLUTION TO DECLARE MAY 15, 1996 FITNESS DAY AND TO DECLARE THE MONTH OF MAY FITNESS MONTH FOR THE CITY OF LITTLE ROCK, ARKANSAS. 1 424 Minutes May 7, 1996 a certified copy of the Plat of Blocks 17 and 24, Park View Addition, on file in the Pulaski County Circuit Clerk's Office and a letter from Lenders Title Company, listing the abutting property owners. Mayor Dailey declared the public hearing open. No one spoke in opposition to the closure and Mayor Dailey closed the public hearing. Ordinance No. 17,181 was then introduced, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF "Y" STREET BETWEEN TAYLOR AND FILLMORE STREETS IN PARK VIEW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion by Director Mason, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce 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 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick and Mayor Dailey - total 9; Noes - None; Absent - Director Hodges - total 1; Voting Present - Director Sharp - total 1. Therefore, the Ordinance was declared PASSED. (Director Hodges re- enrolled at 8:20 o'clock P.M.) Consideration was then given to Ordinance No. 17,182, entitled: AN ORDINANCE ESTABLISHING THE CHENAL VALLEY MUNICIPAL PROPERTY OWNERS MULTI- PURPOSE IMPROVEMENT DISTRICT NO. 4 OF THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Note: The public hearing was held on April 2, 1996, and the Ordinance was read the first time. The Ordinance was left on the calendar for second reading on May 7, 1996, to give Attorney Bill Spivey opportunity to consider some of the suggestions made during the public hearing. See page 7 of Minutes of April 2, 1996.) Lengthy discussion from 8:20 P.M. to 10:25 P.M. Mr. Jim Lawson, Director of Neighborhoods and Planning, made a staff presentation and responded to questions by the Board. The discussion centered around the construction of the Outer Loop, the impact of the connection of the Outer Loop with Pebble Beach Drive, and the resulting traffic problems. Public Works Director Chandra Russell explained the proposal for construction of the Outer Loop. She also referred to two proposed Ordinances that would provide for the orderly implementation of certain portions of the Master Street Plan and permit the Chenal Valley Municipal Property Owners Multi- Purpose Improvement District No. 4 to implement the plan. Under Option A the Outer Loop, now referred to as the West Loop, would provide for five lanes through commercial areas and from Chenal Parkway to the Taylor Loop/Hinson Road connector would consist of two lanes and a turn lane, and would initially connect with Pebble Beach Drive. Under Option B, the OuterLoop/West Loop would consist of two lanes and a turn lane and would connect with Pebble Beach when another connector is available or within three years. The staff of both Public Works and Planning support Option A. A number of citizens were present to speak in support and opposition to the proposed Outer Loop/West Loop. The first speaker was Attorney Bill Spivey, representing the landowners petitioning for the Improvement District, who requested the Board's approval of the Improvement District. Speaking in support of Option A were Mr. Larry Berkley, St. Charles Property Owners Association; Ms. Anne Borg, Executive Director of St. Charles Property Owners Association which includes St. Thomas and St. Michael Subdivisions; Mr. Mark Johnson, Mr. Kent Brewster, Mr. Charles L. Schlumberger, Mr. David Edwards, Mr. Terry Ogletree, Chenal Valley Estates Property Owners Association; Mr. Jimmy 10 Minutes May 7, 1996 425 Tice, Mr. Jerry Griffith, Mr. Dickson Flake; and Mr. David Jones, who said the Master Street Plan is a general guideline, but there needs to be a little bit of creativity; there are not enough connectors in western Little Rock, and he supported connecting to Pebble Beach and St. Charles. Mr. Jack McCray, representing Deltic Farm and Timber, stated that Deltic had made substantial investments based on the Master Street Plan and urged the Board to vote for Option A. Opposition was presented by Mrs. Sandra Hockstetter, 19 Lorian Drive, speaking on behalf of the members of the Chenal Ridge, Hickory Ridge, Hickory Hills, and Pebble Beach neighborhoods, who read from a letter she had faxed to the Board in which she stated they were not against the construction of the Outer Loop itself, but they did have some health and safety concerns about the logic of the proposed interconnections creating through traffic in existing neighborhoods. She concluded by suggesting that Option B be revised to include that all connectors and collectors be opened at the same time. Others speaking in opposition to the connection with Pebble Beach were Dr. Barry Finan, Mr. John Lessel. Mr. Tom Travis;. Ms. Susan Parham, Mr. James Mattox, and Mr. Stephen Rowell, who distributed copies of his questions and suggestions to the Board. Following a lengthy discussion among Board members, there was a motion by Director Hodges to consider Option B and to clarify the wording in Section (iii) as follows: "Connect Pebble Beach Road to the West Loop at any time if one other collector to the West Loop is connected, provided that if no other collector is connected to the West Loop at the end of three years from the date of this ordinance, then Pebble Beach shall be connected at that time." (See Ordinance No. 17,183 below.) The motion was seconded by Director Keck and unanimously adopted. Following the lengthy discussion, the Ordinance establishing the Improvement District was read the second time, having been read the first time on April 2, 1996, following the public hearing. There was a motion by Director Adcock to 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. Since the Ordinance as read the first and second times did not include the emergency clause, Director Joyce moved to amend the Ordinance to add the emergency clause, as recommended by City Attorney Tom Carpenter. The motion was seconded by Director Sharp and unanimously adopted. The third and last reading of the Ordinance, as amended, ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause added in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,183, with the title being: AN ORDINANCE TO SUPPLEMENT AND CLARIFY THE MASTER STREET PLAN; TO PROVIDE FOR THE ORDERLY IMPLEMENTATION OF CERTAIN PORTIONS OF THE MASTER STREET PLAN THROUGH THE DEFERRAL OF CERTAIN REQUIREMENTS; TO PERMIT THE CHENAL VALLEY MUNICIPAL PROPERTY OWNERS MULTI- PURPOSE IMPROVEMENT DISTRICT NO. 4 OF THE CITY OF LITTLE ROCK, ARKANSAS, OR THE PETITIONERS FOR THIS DISTRICT, OR BOTH, TO IMPLEMENT THIS PLAN; AND FOR OTHER PURPOSES. (Re: Construction of the Outer Loop/West Loop.) (See discussion related to Ordinance No. 17,182 above regarding Option A and Option B and the motion to consider Option B as revised.) Following the first reading of the Ordinance, there was a motion by Director Joyce, 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- 11 426 Minutes May 7, 1996 thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, 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, 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Resolution No. 9,693 was then presented, entitled: A RESOLUTION DESIGNATING THE ACCOUNTING FOR THE DEPARTMENT OF PUBLIC WORKS PARKING ENFORCEMENT INCOME. (Allocating $5,993 from the proceeds of the parking meter revenues to the Public Works capital account - a return of 25% of all revenues over $65,000 per month to the service provider.) 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 the Resolution was unanimously adopted. Item 37 on the Agenda was a proposed Resolution, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT TO HUD THE 1996 ANNUAL UPDATE TO THE CONSOLIDATED PLAN FOR THE PERIOD JULY 1, 1996 - JUNE 30, 1997. Following the reading of the Resolution, Director Adcock asked for a response to the comments made by Mr. Ed Stanfield during Citizen Communications. Ms. Sarah Moore, Manager of CDBG and Housing Programs, responded that staff is also concerned about the public service activity issue, which was Mr. Stanfield's first concern. Staff conveyed that concern to the Consolidated Planning Committee. "We feel that it is not good policy to reduce the annual amount for public service activities that is being contributed to the Nathaniel Hill Community Complex and we are asking the City to assume that financial responsibility and to add an additional public service activity of that nature." The second issue on the conflict of interest with ACORN conducting testing or investigating for possible violation of fair housing laws, Mrs. Moore stated the CDBG & Housing Office has provided ACORN with a great deal of information for evaluation and investigative purposes, which might pose a conflict of interest. The third point was the procurement issue, and Staff feels that any planned award of CDBG funding, should the Board decide to fund this activity of home buyer education and counseling, should be awarded under a process that offers maximum free and open competition to anyone who might be interested in providing that service. Director Adcock then requested that the Resolution be deferred until Tuesday, May 14, 1996, so that Staff can look into this matter. Therefore, the Resolution was deferred until the reconvened meeting on May 14, 1996. Introduced next was Ordinance No. 17,184, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); APPROPRIATING 1995 BUDGET SAVINGS INTO THE CITY'S 1996 OPERATING BUDGET; AND FOR OTHER PURPOSES; (1995 surplus funds in the amount of $1,169,260 reappropriated to the General Fund for various organizations; $177,164 reappropriated to Street Fund for Public Works Department.) and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded 12 Minutes May 7, 1996 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. Following the second reading of the Ordinance, there was a subsequent motion and second to suspend the rules to provide for the third and final reading of the Ordinance. The motion was made by Director Adcock, 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 third and last 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED The last item to be considered was Resolution No. 9,694, entitled: A RESOLUTION IN SUPPORT OF AND AUTHORIZATION TO JOIN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN. (Reducing greenhouse gas emissions.) Following the reading of the Resolution, Director Adcock moved for the adoption of the Resolution. The motion was seconded by Director Mason, and the Resolution was adopted by the following voice vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - None; Voting Present - Director Keck - total 1. The Board of Directors was scheduled to make appointments to various Boards and Commissions, but due to the late hour, deferred making appointments until the reconvened meeting on Tuesday, May 14,1996. There being no further business to be presented, the Board of Directors recessed at 10:35 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, May 14, 1996, to consider the Ordinance adding design guidelines to the River Market Design Overlay District (Item 20), the Resolution authorizing the City Manager to submit to HUD the 1996 Annual Update to the Consolidate Plan (Item 37) and to make appointments to various Boards and Commissions (Item 40). ATTEST: � 1 _ �� . •� 1 City Clerk Robbie Hancock 13 APPROVED: Mayor Jim Dailey 427 Minutes May 7, 1996 Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. Consideration was then given to the Consent Agenda which consisted of the following: (2) THE COMPARATIVE STATEMENT OF INCOME ACCOUNT FOR THE LITTLE ROCK MUNICIPAL WATER WORKS FOR THE MONTH OF MARCH 1996. (To be received and filed.) (3) THE LITTLE ROCK WASTEWATER UTILITY FINANCIAL STATEMENT FOR THE YEARS ENDING DECEMBER 31, 1995 AND 1994. (To be received and filed.) (4) LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION FINANCIAL STATEMENT FOR THE YEARS ENDED DECEMBER 31, 1995 AND 1994. (To be received and filed.) (5) A MOTION TO SET THE DATE FOR A PUBLIC HEARING ON THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT FOR MONTESSORI PRE - SCHOOL AND ELEMENTARY SCHOOL AT 14104 TAYLOR LOOP ROAD (MAY 21,1996). (6) Resolution No. 9,679, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF LEXICON INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 8900 Fourche Dam Pike) (7) Resolution No. 9,680, described as: A RESOLUTION AUTHORIZING THE EXCHANGE OF SURPLUS CITY RIGHT -OF -WAY ON THE WEST PART OF LOT 28, BLOCK 3, WESTWOOD ADDITION FOR A PERMANENT DRAINAGE EASEMENT ON THE NORTH PORTION OF LOT 29, BLOCK 3, WESTWOOD ADDITION TO THE CITY OF LITTLE ROCK FOR THE ASCENSION ROAD DRAINAGE PROJECT. (8) A Resolution No. 9,681, with the title being: A RESOLUTION TO REAPPOINT DON PHELAN TO THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES. (9) A Resolution No. 9,682, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO ZARN, INC. FOR MOBILE REFUSE CONTAINERS FOR THE PUBLIC WORKS DEPARTMENT. (Not to exceed $131,075) (10) Resolution No. 9,683, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO MID SOUTH FOR HELICOPTER OPERATIONS AND FUEL FOR THE POLICE DEPARTMENT. (Not to exceed $260,068.50.) 2 Minutes May 7, 1996 (11) A Resolution No. 9,684, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALLEN & HAMPTON FOR CONSTRUCTION OF CDBG AFFORDABLE HOMES AT 2100 CUMBERLAND STREET, 2102 CUMBERLAND STREET AND 1209 COLLEGE STREET FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (12) Resolution No. 9,685, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A HAZARDOUS DUTY MOBILE UNIT FOR THE LITTLE ROCK FIRE DEPARTMENT (13) Resolution No. 9,686, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO BALE CHEVROLET FOR THE PURCHASE OF TWO COMPACT PICKUP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. (Not to exceed $27,990) (14) Resolution No. 9,687, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW HOLLAND INC. FOR THE PURCHASE OF TWO 2 -WHEEL DRIVE FAIRWAY MOWERS FOR THE PARKS AND RECREATION DEPARTMENT. (Not to exceed $50,508) (15) Resolution No. 9,688, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW HOLLAND, INC. FOR THE PURCHASE OF ONE (1) 4 -WHEEL DRIVE FAIRWAY MOWER FOR THE PARKS AND RECREATION DEPARTMENT. (Not to exceed $26,997.) (16) Resolution No. 9,689, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO PHILLIPS CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE EAST OF BROADWAY ALERT CENTER ON 21 ST STREET, A HUD SPECIAL PURPOSE GRANT PROJECT. (Not to exceed $64,500.) (17) Resolution No. 9,690, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO DUGAN ASPHALT PAVING COMPANY FOR SITE AND PARKING LOT IMPROVEMENTS FOR THE EAST OF BROADWAY ALERT CENTER ON 21ST STREET, A HUD SPECIAL PURPOSE GRANT PROJECT. (18) Resolution No. 9,691, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LAMBERT CONSTRUCTION COMPANY FOR THE RECONSTRUCTION OF MARYLAND STREET FROM BOOKER TO BROWN STREET AND BROWN STREET FROM MARYLAND TO WEST 8TH STREET, A 1996 CDBG PROJECT. (Not to exceed $216,949) 3 1 14 Minutes May 7, 1996 (19) Resolution No. 9,692, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO GENE SUMMERS CONSTRUCTION COMPANY FOR THE RECONSTRUCTION OF WEST 17TH, WEST 18TH AND BOULEVARD STREETS, A 1996 CDBG PROJECT. Upon a motion by Director Adcock, which was seconded by Director Joyce, and unanimously adopted, the Consent Agenda was dispensed with as follows: (2) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1996, was received and filed; (3 and 4) the Little Rock Wastewater Utility Financial Statement for the years ending December 31, 1995 and 1994, and the Little Rock Advertising and Promotion Commission Financial Statement for the years ended December 31, 1995 and 1994 were received and filed; (5) the motion to set the date for a public hearing on the appeal of the Planning Commission's approval of a Conditional Use Permit for Montessori Pre - School and Elementary School at 14104 Taylor Loop Road for May 21, 1996 was adopted; and (6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19) Resolutions No. 9,679, 9,680, 9,681, 9,682, 9,683, 9,684, 9,685, 9,686, 9,687, 9,688, 9,689, 9,690, 9,691, and 9,692 were read in full and unanimously adopted. At the time allotted for Citizen Communications, the first speaker was Mr. Robert "Say" McIntosh, who spoke on the reduction in black on black crime in Little Rock. The next speaker was Mr. Robert Augustyn, 14409 Jerome Drive, who thanked the City of Little Rock for putting up speed limit and limited sight distance signs in the Secluded Hills neighborhood. Speaking on behalf of the residents of Secluded Hills, Shaker Heights and Longlea Manor, he asked that money be provided to improve dangerous substandard streets and drainage in Secluded Hills. He said Jerry, West Jerome and West Shepard Drives are short dead end streets servicing 25 homes and serve as arterials to Cantrell due to new development. Mr. Edwin Stanfield, former Manager of the CDBG & Housing Division of the City, spoke on Item 37. Due to recent surgery he was not able to stay until that Item came up on the Agenda. Mr. Stanfield said he was very concerned about the allocation of $50,500 in the City's 1996 annual plan for HUD entitlements for Fair Housing and Credit Counseling Services. He suggested that the Board direct the staff to revise the 1996 annual plan to eliminate that allocation, or at least eliminate any reference to the specific provider in the plan. The last speaker under Citizen Communications was Mr. Mike Rose, 1420 Breckenridge Dr., #78. He said the traffic light at Rodney Parham and Breckenridge stays green too long on Rodney Parham and changes too soon on Breckenridge. Senior citizens can't get across street before the light changes. Mayor Dailey asked City Manager Charles Nickerson to provide a report to the Board of Directors and Mr. Rose. Consideration was then given to Item 37, Ordinance No. 17,173, with the title being: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF AIRPORT PASSENGER FACILITY CHARGE REVENUE BONDS FOR THE PURPOSE OF FUNDING CERTAIN IMPROVEMENTS AT THE LITTLE ROCK NATIONAL AIRPORT; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE; AND PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (NOTE: The public hearing was held on April 16, 1996; a report on the status of the Bond issue was given on April 30, 1996, by Mr. Gary Smith, Chairman of the Little Rock Municipal Airport Commission, and Mrs. Susan Fleming, Financial Advisor for the 4 Minutes May 7, 1996 419 Airport Commission, and the Ordinance was deferred until May 7, 1996.) City Attorney Tom Carpenter noted that Section 4 had been revised to reflect the appointment of Boatmen's Trust Company of Arkansas to serve as trustee for the Series 1996 Bonds. The Ordinance was then 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, and 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. Following the second reading of the Ordinance, 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 eleven in number and two- thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Sharp was excused at 7:00 o'clock P.M. before presentation of Ordinance No. 17,174, due to a conflict of interest.) The next presentation was Item No. 21, Ordinance No. 17,174, 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 11R -2" Single - family District to "O -3" General Office District. Re: Zoning Appeal filed by Mr. Pete Hornibrook of Rector, Phillips and Morse.) (NOTE: This was an appeal of the Planning Commission's denial of the application for "C -2" reclassification. The appeal was filed by Mr. Pete Hornibrook of Rector, Phillips and Morse. The public hearing on the appeal was held on February 20, 1996, and the first and second readings of the Ordinance occurred. The third reading was deferred to March S, 1996, due to the absence of the applicant. On March S, 1996, the applicant requested deferral until April 2, 1996 and a motion was adopted to defer the third reading of the Ordinance until April 2, 1996 The Ordinance was read the third time on April 2, 1996 and the vote was deferred until May 7, 1996. See Minutes ofFebruary 20. 1996 March S. 1996 and April 2. 1996. ) At this time, Mr. Pete Hornibrook made a presentation to the Board of Directors, stating that he had met with the neighborhood and would like to have the neighborhood residents report to the Board. Mr. George Brown, Chairperson of the John Barrow Neighborhood Area Steering Committee, read a prepared statement in which he stated the Committee feels Mr. Hornibrook's proposal would hinder development along Barrow Road. The John Barrow Neighborhood Plan recommends that this area be zoned Office, and the Committee would like for the area to remain as indicated in the Neighborhood Plan. In response to a question by Director Joyce as to what is allowed under "C -2" Zoning, Mr. Jim Lawson, Director of Neighborhoods and Planning, read the list of uses allowed under "C -2 ", and stated that there is no plan for this location. Director Joyce told Mr. Hornibrook that she thought what the neighborhood really wanted was to get some idea of what was going in there. After further discussion, Mr. Hornibrook said he would be willing to amend the application from "C -2" Shopping Center District to "O -3" General Office District if he 5 420 Minutes May 7, 1996 could get a vote then. Mr. Lawson stated staff would not have a problem with "0-3" and Mr. Brown said the neighborhood would be agreeable to "0-3 ". Upon question, City Attorney Tom Carpenter said the Board has the authority to approve the more restrictive zoning without sending it back to the Planning Commission. Director Kumpuris then moved to amend the Ordinance to reclassify the property from 1111-2" Single - family District to 110-3" General Office District instead of "C -2" Shopping Center District as appealed. The motion was seconded by Director Adcock and unanimously adopted. There was a final reading of the amended Ordinance. A roll call vote was then taken on passage of the Ordinance, as amended, with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Therefore, the Ordinance, as amended, was declared PASSED. (Director Sharp re- enrolled at 7:20 o'clock P.M.) (Director Keck was excused at 7:25 o'clock P.M.) Introduced next was Ordinance No. 17,175, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE 65TH STREET WEST DISTRICT, EITHER SIDE OF COLONEL GLENN ROAD, WEST OF I -430 FROM COMMERCIAL, COMMUNITY SHOPPING, OFFICE AND SINGLE FAMILY TO COMMERCIAL, COMMUNITY SHOPPING MIXED OFFICE COMMERCIAL, OFFICE AND SUBURBAN OFFICE AND FOR OTHER MATTERS; and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Kumpuris 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, 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, 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 Sharp, Mason, Kumpuris, Adcock, ' Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor Dailey - total 10, Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,176, entitled: 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- 3371 -E - To rezone 38.06 acres at the southwest corner of Colonel Glenn Road and I -430 from 11R -2" Single - family and "C -2" Shopping Center Districts to "C -4" Open Display District.) and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Kumpuris 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, 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, 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, 0 Minutes May 7, 1996 421 Wyrick and Mayor Dailey - total 10, Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,177, 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- 3875 -B - To rezone 5.142 acres at the southwest corner of Kanis Road and Jr. Deputy Road from 110-3" General Office and "OS" Open Space Districts to "0-3" General Office District.) and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Kumpuris 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Joyce, 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, 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor Dailey - total 10, Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. Mayor Dailey announced that Items 25 and 26 on the Agenda had been deferred. Therefore, no action was taken on the following Ordinances: (25) AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE CHENAL DISTRICT, NORTH OF KANIS AND GENERALLY EAST OF CHENAL PARKWAY, FROM VARIOUS LAND USES TO VARIOUS LAND USES. (26) AN ORDINANCE TO REZONE VARIOUS PROPERTIES AT THE PROPOSED INTERSECTION OF OUTER LOOP AND WELLINGTON VILLAGE ROADS (Z- 4807 -D) FROM "R -2" SINGLE - FAMILY AND "C -1" NEIGHBORHOOD COMMERCIAL DISTRICTS TO "MF -18" MULTIFAMILY, "0-2" OFFICE AND INSTITUTIONAL, "0-3" GENERAL OFFICE AND "C -1" NEIGHBORHOOD COMMERCIAL DISTRICTS. Item 27 on the Agenda was a proposed Ordinance to rezone 5819 Young Road (Z- 5967 -A) from "R -2" Single - family District to "C -1" Neighborhood Commercial District. In response to questions by Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained that on May 16, 1995 the Board of Directors denied the applicant's request to rezone the property to "R -5" Urban Residence District for a four unit apartment complex, and he (Charles Edworomadu) went to Court. However, the Court ruled in favor of the City, saying the City did not act arbitrary and capricious in denying the multi - family zoning. The applicant now seeks to rezone the property to "C -1" Neighborhood Commercial District, which would allow the four -unit apartment complex. City Attorney Tom Carpenter stated the previous Board action was against the multi - family designation. Following the discussion, there was a motion by Director Adcock to defer the Ordinance to rezone 5819 Young Road until May 21, 1996, in order to talk to the Wakefield Neighborhood Association and to get more information. The motion was seconded by Director Joyce and unanimously adopted. Therefore, the proposed Ordinance to rezone 5819 Young Road (Z- 5967 -A) from "R- 2" Single- family District to "C -1" Neighborhood Commercial District was deferred until May 21, 1996. VA 422 Minutes May 7, 1996 (Director Keck re- enrolled at 7:35 o'clock P.M.) Introduced next was Ordinance No. 17,178, described as: 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 -6105 - To rezone 8800 Mabelvale Pike from 11R -2" Single Family District to "114A" Manufactured Home District.) and there was a first reading of the Ordinance. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Keck, which 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. The Ordinance was then read the second time, followed by a subsequent motion and second by Directors Adcock and Keck 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, 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Item 29 on the Agenda was a proposed Ordinance repealing Ordinance No. 17,050 which reclassified property located at 10124 Darris Drive (Z- 6035). (Revoking the "0-3" classification and restoring the "R -2" classification, because applicant never dedicated the required right -of -way.) The proposed Ordinance was withdrawn from the Agenda because the right -of -way dedication was received on May 7, 1996. Director Wilson requested that a group of young people be allowed to speak to the Board of Directors, even though they were not present to speak during Citizen Communications. Mr. Willie Larry, Arkansas Youth Sports Association, spoke about the basketball boot camp and asked the Board to consider his organization and carve out time to institute that program within a City facility. Consideration was then given to Ordinance No. 17,179, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE RIVER MOUNTAIN DISTRICT, EITHER SIDE OF SUMMIT ROAD FROM FAIRVIEW TO WOODLAND HEIGHTS FROM SINGLE - FAMILY TO SUBURBAN OFFICE; AND FOR OTHER PURPOSES; Mayor Dailey stated that the Board had received hundreds of letters concerning the rezoning for this property which is adjacent to Christ the King Church. The zoning issue will be considered at a later date. Christ the King Church supports the amendment to the Land Use Plan. Mr. Ralston Creswell, speaking on behalf of the Pleasant Forest Property Owners Association, spoke in opposition to even a light office development, and asked that the property remain residential. Director Keck questioned Mr. Jim Lawson, Director of Neighborhoods and Planning, about the definition of Suburban Office and about other options. Following the discussion, the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules to provide for the second reading of the Ordinance. The motion 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. The Ordinance was then read the second time. There was a subsequent motion and second to again suspend the rules to provide for the third and final reading. The motion was made and seconded by Directors Adcock and Sharp, respectively, 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 �3 Minutes May 7, 1996 423 Ordinance was then 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. At 7:53 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:05 o'clock P.M. Mayor Dailey presided and all Directors were present. Item 31 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE BOUNDARY STREET IMPROVEMENTS REQUIREMENTS ON POLK STREET FOR F & F ASSOCIATES, LLC LOCATED AT 5422 WEST MARKHAM STREET. (Lots 11 & 12, Block 10, Pfeifer's Addition.) (Note: This item was deferred from April 16, 1996, as requested by the applicant.) Attorney David Henry, representing the owners, F & F Associates, explained that the applicant is requesting a waiver of the requirement to construct improvements to Polk Street along the boundary of the property because this is a non - access street, four blocks long with open curbs and gutters, and is a chip - sealed street with open ditches. He asked that the improvements be put off until the rest of the street is developed, and stated the applicant would be willing to make an in -kind contribution to future development. Mrs. Chandra Russell, Director of Public Works, explained why staff was opposed to the waiver of the boundary street improvements, and said she had not been made aware of the in lieu contribution. She would prefer that the improvements be made, but would accept the in -lieu contribution. Director Hodges then moved to accept the in -lieu contribution for the future construction of Polk Street. The motion was seconded by Director Sharp and unanimously adopted. Therefore, the proposed Ordinance was withdrawn. (Director Hodges was excused at 8:15 o'clock P.M.) The next presentation was Ordinance No. 17,180, with the title being: AN ORDINANCE APPROVING THE DISSOLUTION OF MISSOURI STREET IMPROVEMENT DISTRICT NO. 631 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; and the Ordinance was read the first time. There was a motion by Director Mason, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Joyce 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 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 Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Hodges - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this date and time by Resolution No. 9,664, adopted April 16, 1996, on the petition to vacate and close a portion of "Y" Street between Taylor and Fillmore Streets between Blocks 17 and 24 in Park View Addition to the City of Little Rock, Arkansas. The petition was filed by Christopher J. Bequette and approved by the Planning Commission on March 14, 1996. Attached to the petition was 0