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HomeMy WebLinkAbout07-02-96470 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 2, 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. City Clerk Robbie Hancock called the roll 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 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 Mason introduced John and Annette Fisher, parents of Derick Fisher; UALR Chancellor Dr. Charles Hathaway, Athletic Director Rick Miller, Bill and Sherry Walker, Coach Jimmy Scott and wife, Bobbie Jo. He announced that Derick Fisher had been drafted by the Los Angeles Lakers. Director Mason and Mayor Dailey then presented him with the very first Hometown Hero Award to be given to a citizen of Little Rock. (Director Wilson enrolled at 6:08 o'clock P.M.) Director Kumpuris recognized St. Vincent Infirmary Medical Center for helping to upgrade, maintain, and improve the downtown area of our City through a new clinic located at 8th and Louisiana Streets; a commitment to provide first aid training, supplies and equipment to all the Neighborhood Associations; and for the donation of $100,000 to the River Market Project. He then read a proclamation which proclaimed July 2, 1996 as St. Vincent Infirmary Medical Center Day. He noted that the plaza between the Museum Center and the River Market will now be called St. Vincent Plaza. At 6:20 o'clock P.M. Ms. Dorothy Nayles, Senior Policy Analyst for New Futures, gave a progress report and evaluation of 15 neighborhood prevention, intervention and treatment (PIT) service contracts which were monitored by New Futures for Little Rock Youth and funded by the one -half cent sales tax. Director Sharp requested a report on administrative fees for all outside agencies. City Director Jeff Sharp and Assistant City Manager William Hunter had attended the Climate Protection Workshop held in Berkeley, California, at which the U.S. Environmental Protection Agency recognized the City of Little Rock for its efforts to reduce global warming and its participation in the Cities for Climate Protection Campaign. At this time, Director Sharp and Mr. Hunter presented the award to the Board of Directors. At 6:40 o'clock P.M. Mr. Matthew Hampton of Teen Connection presented a proposal for public projects by Community Construction Company. Community Construction Company is a joint venture between Robert East Company and Teen Connection, Inc. to give young people the opportunity to learn skills and get into business for themselves. Mr. Bob East of Robert East Company also addressed the Board, explaining in more detail what the young people are doing. They would like to have a house they could refurbish, or other similar projects, and asked for the Board's assistance. (See Citizen Communications on page 9 of Minutes of June 18, 1996.) 1 Minutes July 2, 1996 479 Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was given to Ordinance No. 17,232, entitled: AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 8 OF THE LITTLE ROCK ARK. REV. CODE (1988) CONCERNING PLUMBING CODE REQUIREMENTS, AND FOR OTHER PURPOSES; 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 Hinton 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Hinton, 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 third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,233, described as: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1995 ARKANSAS GAS CODE WITH ARKANSAS AMENDMENTS AND REVISIONS, AND THE 1994 STANDARD GAS CODE WITH REVISIONS, AND FOR OTHER PURPOSES; 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 Hinton 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Hinton, 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 third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,234, entitled: AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 8 AND CHAPTER 36 OF LITTLE ROCK, ARKANSAS REV. CODE (1988) CONCERNING FENCE AND CERTIFICATE OF OCCUPANCY REQUIREMENTS, AND FOR OTHER PURPOSES; 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 Hinton 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Hinton, 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, 10 I • ' • Minutes July 2, 1996 and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,235, described as: AN ORDINANCE REPEALING CHAPTER 28 OF THE LITTLE ROCK, ARKANSAS REVISED CODE OF ORDINANCES AND ADDING A NEW CHAPTER 28 RELATING TO CONTROLLING THE STORAGE, COLLECTION, TRANSPORTATION, TREATMENT, PROCESSING, AND DISPOSAL OF ALL RESIDENTIAL SOLID WASTE GENERATED WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. City Attorney Tom Carpenter explained the changes to the Ordinance and the options set forth in Section 30 regarding the fine of $5.00/$25.00, and $25.00/$40.00 if not paid within 21 days. Following the brief discussion, Director Kumpuris moved to amend Section 30(a) of the Ordinance to establish a fine of $5.00. The motion was seconded by Director Hodges and unanimously adopted. There was a subsequent motion by Director Adcock, seconded by Director Hinton, to amend Section 30(a) to increase the fine to $25.00 if not paid within 21 days. The motion was adopted by the following roll call vote: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Hodges, Joyce and Mayor Dailey - total 7; Noes - Directors Sharp, Keck, and Wyrick - total 3; Absent - Director Wilson - total 1. The Ordinance, as amended, was then read the third and last time, having been read the first time on June 4, 1996, and the second time on June 18, 1996. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Joyce, and Mayor Dailey - total 6; Noes - Directors Sharp, Hodges, Keck, and Wyrick - total 4; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The last matter to be considered was Resolution No. 9,743 entitled: A RESOLUTION REAPPOINTING GARY BARKET TO THE LITTLE ROCK PORT AUTHORITY; and the Resolution was read in full. There was a motion by Director Sharp to adopt the Resolution. The motion was seconded by Director Keck, and the Resolution was adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Hinton, Hodges, Keck, and Mayor Dailey - total 7; Noes - Directors Adcock, Joyce and Wyrick - total 3; Absent - Director Wilson - total 1. (Director Adcock was opposed to making the reappointment without going into Executive Session to consider other applicants) There being no further business to be considered, the Board of Directors recessed at 10:10 o'clock P.M. to reconvene on Tuesday, July 9, 1996, at 4:00 o'clock P.M. to consider the Spaghetti Warehouse zoning case (see Z -6166 - "The Edge" PD -I); the River Market DOD, an amendment to the MGT Disparity Study contract as requested by City Attorney Tom Carpenter, and to make appointments to various Boards and Commissions. ATTEST: City Clerk Robbie Hancock 11 APPROVED: a Minutes July 2, 1996 471 Director Keck moved to add to the Consent Agenda the Resolution listed on the Addendum to the Agenda regarding the Northwest Police Sub - station. The motion was seconded by Director Mason, and unanimously adopted. (See Resolution No. 9,739 added to the Consent Agenda.) Following a brief discussion regarding the proposed new definition of suburban office district and its effect on Zoning Application Z -6106 to rezone property located on Woodland Heights Road approximately 220 ft. south of Summitt Road, Director Keck moved to add Zoning Case Z -6106 Woodland Heights Road to the Agenda for the reconvened meeting on Tuesday, July 9, 1996. The motion was seconded by Mayor Dailey. (Note: At the 6 -25 -96 Agenda Meeting this item was deferred until August 6, 1996) A roll call vote was taken on the motion as follows: Ayes - Directors Sharp, Mason, Kumpuris, Keck and Mayor Dailey - total 5; Noes - Directors Adcock, Wilson, Hinton, Hodges, Joyce and Wyrick - total 6. Vice Mayor Adcock stated the motion had failed; however, the Board did generally agree to consider the matter at the July 18, 1996 regular meeting. Consideration was then given to the Consent Agenda which consisted of the following items: (1) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1996. (To be received and filed.) (2) The Oakland Fraternal Cemetery Audit Report for the period ending December 31, 1995. (To be received and filed.) (3) The Comprehensive Annual Financial Report for the City of Little Rock, Arkansas for the fiscal year ended December 31, 1995. (To be received and filed.) (4) Resolution No. 9,736, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS TO AND AWARD AN ANNUAL CONTRACT TO QUALITY SECURITY COMPANY FOR SECURITY SERVICES FOR THE FLEET SERVICES DEPARTMENT. (5) Resolution No. 9,737 described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT TO ASSOCIATED PLUMBERS FOR PLUMBING SERVICES FOR THE GENERAL SERVICES DEPARTMENT. (6) Resolution No. 9,738 with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH CNA FOR WORKERS' COMPENSATION EXCESS INSURANCE COVERAGE. (6 -a) Added to the Consent Agenda was Resolution No. 9,739, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO FLYNCO, INC. FOR CONSTRUCTION OF THE NORTHWEST POLICE SUB- STATION AT THE SOUTHWEST CORNER OF KANIS ROAD AND JUNIOR DEPUTY ROAD. (Not to exceed $1,516,800.) Upon a motion by Director Adcock, which was seconded by Director Mason and unanimously adopted, the Consent Agenda was dispensed with as follows: (1, 2, and 3) the Comparative Statement of Income Account of the Little Rock Municipal Water Works, the Oakland- Fraternal Cemetery Audit Report and the Comprehensive Annual 2 472 Minutes July 2, 1996 Financial Report for the City of Little Rock were received and filed; and (4, 5, 6 and 6 -a) Resolutions No. 9,736, 9,737, 9,738 and 9,739 were read in full and unanimously adopted. At the time allotted for Citizen Communications, the first speaker was Rev. Carmen Breeding, 209 W. Capitol, who asked the Board of Directors to assist with funding for the Temporarily Impaired Ministries , Inc. to open a Temporarily Impaired Christian Community Center at 411 -413 Main Street in the old Haverty's Furniture building. Federal and state funding is somewhat limited and impaired people need to be able to take care of themselves. The organization wants to renovate the building to help the impaired. He also asked for the City's guidance for zoning. Mayor Dailey asked Mr. Richard Wood of the Department of Neighborhoods and Planning to meet with Mr. Breeding regarding the zoning issues. Mayor Dailey also told Mr. Breeding that unless there is some way the City can contract with Temporarily Impaired Ministries, the City cannot make a contribution. The next speaker under Citizen Communications was Mr. David Jones of Vogel -Jones Realty, who represents the applicant on the Woodland Heights zoning issue (Z- 6106). Mr. Jones thanked the Board for placing this on the Agenda for July 18, 1996. He also spoke on the definition of suburban office district, stating it seems one of his projects is the precipitator for staff wanting to redefine suburban office. He said there are a number of land owners that are concerned about the proposed new definition. Apparently this definition has been discussed by the Plans Committee of the Little Rock Planning Commission, without any public notice or any opportunity for developers or land owners that have property classified as suburban office to have any input. He concluded by asking that this issue be sent back to the Plans Committee for additional discussion. The next speaker was Mr. Robert "Say" McIntosh, who spoke on the issue of the Little Rock Housing Authority's Highland Court housing development project. (Seepage 8 of the Minutes of June 18, 1996.) (Director Kumpuris was excused at 7:20 o'clock before the public hearing on the following Zoning Appeal Z -6112 due to a conflict of interest in that he has a business relationship with one of the owners.) A public hearing had been scheduled for this time and place upon a motion adopted June 11, 1996, on the appeal of the Planning Commission's denial of the application to rezone 1818 -1824 Georgia Avenue from "R -2" Single - family District to "R -5" Urban Residence District. (NOTE: A public hearing was previously held on June 4, 1996. After the lengthy hearing, a motion was adopted to send the zoning case back to the Planning Commission and that it come back to the Board of Directors in thirty days. At the June 11, 1996 Reconvened Meeting, a motion was adopted to set the date for another public hearing on July 2, 1996, and not send it back to the Planning Commission. See Minutes of 6 -4 -96 and 6- I1 -96.) At 7:20 o'clock P.M. Mayor Dailey declared the public hearing open. Mr. Jim Harney, applicant, made a presentation giving a brief history of the case. This property shares one property line with Tanglewood Shopping Center zoned "C -3" and one property line with a condominium development zoned multifamily. It seems that the problem is ownership versus rental, which should not even be discussed; it is discriminatory. In an attempt to work with the neighborhood, he agreed to build zero lot line, individually owned townhouses with the "R -5" designation. That will alleviate the concern of the neighborhood about the transient nature of apartment dwellers. City Attorney Tom Carpenter hastened to remind the Board that contract zoning is not legal in Arkansas. This is a rezoning with an "R -5" classification. If the owner wishes to do something with the property as he suggested and the Board likes it, that is fine, but the Board cannot require it. We are not engaging in any type of contract zoning discussions. In response to a question by Director Sharp, Mr. Carpenter said the City can do rezoning with conditions at the owner's request. Speaking in opposition to the proposal, Mr. John Carson, 1808 Georgia Street, president of Forest Park Neighborhood Association, said his opposition had nothing to do with ownership, 3 Minutes July 2, 1996 473 and asked the Board to deny the rezoning. Others speaking in opposition were Shani Cable, 1708 Georgia Street; Sonja Cossey, 7511 M Street; Rod Wagner, 7413 N Street, Gwen Stiles, 1825 Georgia. Mrs. Cossey presented individually signed letters of opposition with 397 signatures requesting denial of the rezoning. Mr. Harney then withdrew his application. Mayor Dailey declared the public hearing closed at 8:08 o'clock P.M. and the proposed Ordinance entitled: "AN ORDINANCE TO REZONE PROPERTY AT 1818 AND 1824 GEORGIA AVENUE (Z -6112) FROM 11R -2" SINGLE - FAMILY DISTRICT TO "R -5" URBAN RESIDENCE DISTRICT" was not considered. At 8:12 o'clock P.M. Mayor Dailey declared at ten minute recess. When the Board of Directors reconvened at 8:23 o'clock P.M., Mayor Dailey presided and nine Directors were present. (Director Wilson was absent.) Introduced next was a proposed Ordinance described as: AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO. 17,136 TO ADD DESIGN GUIDELINES TO THE RIVER MARKET DESIGN OVERLAY DISTRICT, TO CODIFY IN CHAPTER 36 OF THE LITTLE ROCK CODE OF ORDINANCES TO ADD LANGUAGE CONCERNING PURPOSES AND INTENT AND APPLICATION OF DISTRICT REGULATIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Director Kumpuris asked that the Ordinance be read the second time only. If there is an agreement with the property owners by Tuesday, July 9, 1996, the Ordinance could be considered at the reconvened meeting. The proposed Ordinance was then read the second time, having been read the first time on June 18, 1996. Mr. Russell Matchett of LaHarpe Office Furniture at 318 East Markham, said the property owners are supportive but just want to know how much it will cost them. Whereupon, the Ordinance was left on the calendar for third and final reading on July 9, 1996.. (Note: The Ordinance was deferred from 5 -7 -96, 5- 14 -96, 5- 28 -96, and 6- 4 -96.) Consideration was then given to Ordinance No. 17,221, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT COMMERCIAL DISTRICT TITLED UNITED PROPERTIES SUBDIVISION LOT 2 SHORT -FORM IN THE 1300 BLOCK OF COWMAN ROAD (Z- 4653 -D) 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. Director Keck moved to amend the Ordinance to include the use restrictions submitted by the applicant as stated in the letter dated June 25, 1996 from Mr. Pat McGetrick, engineer for the project. (See Section 2 of the Ordinance.) The motion was seconded by Director Wyrick and unanimously adopted. The Ordinance, as amended, was then read third and last time. The ordinance was read the first time on May 21, 1996, and the second time on June 4, 1996. On June 18, 1996, the third reading was deferred until July 2, 1996. 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, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. Introduced next was Ordinance NO. 17,222, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 15,844 AND REVOKING A PLANNED ZONING DISTRICT TITLED PLUNKETT SHORT -FORM PCD (Z- 2582) NE CORNER OF RODNEY PARHAM ROAD AT GREEN MOUNTAIN DRIVE AND FOR OTHER PURPOSES; 4 474 --- Minutes July 2, 1996 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, 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,223, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PCD DISTRICT TITLED TYRRELL LEASING PHASE 2 SHORT -FORM AT 12200 BLOCK OF CHENAL PARKWAY (Z- 5884 -A) 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 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,224 entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE HEIGHTS/HILLCREST DISTRICT, BETWEEN REBSAMEN PARK ROAD AND THE ARKANSAS RIVER NORTH OF CEDAR HILL ROAD FROM OFFICE, INDUSTRIAL AND MULTIFAMILY TO MIXED OFFICE WAREHOUSE, MIXED USE AND MULTIFAMILY, AND FOR OTHER MATTERS; (Re: Z -6157) 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, 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. 5 Minutes July 2, 1996 475 Introduced next was Ordinance No. 17,225, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PD -R DISTRICT TITLED THE PARK APARTMENTS LONG - FORM PD -R (Z -6157) 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 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,226 entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS AND RIGHT -OF -WAY FOR MOUNT CARMEL PENTECOSTAL HOLINESS CHURCH (Z -6122) LOCATED AT 4600 WEST 23RD STREET, LITTLE ROCK, ARKANSAS; 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, 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,227, entitled: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARKANSAS EMERGENCY PHYSICIANS' FOUNDATION TO PROVIDE MEDICAL OVERSIGHT AND QUALITY CONTROL FOR THE METROPOLITAN EMERGENCY MEDICAL SERVICES (MEMS) AND THE LITTLE ROCK FIRE DEPARTMENT FIRST RESPONDERS, 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, 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 0 476 Minutes July 2, 1996 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 results recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick 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 Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - Director Wilson - total 1; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Item 14 was the next presentation, being Resolution No. 9,740 described as: A RESOLUTION TO REQUEST THAT THE ARKANSAS STATE HIGHWAY DEPARTMENT NEVER EXPAND STAGECOACH ROAD IN A MANNER THAT WOULD REQUIRE THAT RIGHT -OF -WAY BE TAKEN FROM THE PROPERTY OCCUPIED BY THE TEN -MILE HOUSE; AND FOR OTHER PURPOSES; (Located at 6915 Stagecoach Road.) and the Resolution was read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Hinton and the Resolution was unanimously adopted. The next presentation was Ordinance No. 17,228, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF BOUNDARY STREET RIGHT -OF -WAY REQUIREMENTS FOR TEN MILE HOUSE LOCATED AT 6915 STAGECOACH ROAD, LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. (Note: The Ordinance was deferred for 6 months on 11 -21 -95 to give the applicant opportunity to work with the Arkansas Highway and Transportation Department regarding realignment of Stagecoach Road. See page 8 of Minutes of November 11, 1995) There was a motion by Director Adcock, 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 ten in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. 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 ten 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 passage of the Ordinance as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. (Director Sharp was excused at 8:45 o'clock P.M.) Introduced next was a proposed Ordinance entitled: AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY LAND USE PLAN (16,222) IN THE PORT SOUTH DISTRICT, EAST OF ZEUBER ROAD AND SOUTH OF SLOANE FROM AGRICULTURE TO INDUSTRIAL; AND FOR OTHER MATTERS. Mr. Sam Raines of Raines Plantation had questions about what can be done with his property when the Land Use Plan is changed. Mr. Tony Bozynski of the Department of 7 Minutes July 2, 1996 477 Neighborhoods and Planning said a related zoning issue is scheduled for July 16, 1996. Therefore, the proposed Ordinance was deferred to July 16, 1996 to be considered with the related zoning ordinance. The next presentation was Ordinance No. 17,229, described as: 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. (Sewer Improvement District No. 226 Annexation - 200.17 acres includes Woodland Ridge Subdivision.) Following the first reading of the Ordinance, Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. 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. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Mason, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. 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, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 9; Noes - None; Absent - Directors Sharp and Wilson - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,230, 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. (Geyer Springs Road Annexation - 80 acres.) Following the first reading of the Ordinance, Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. 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. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Mason, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. 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, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 9; Noes - None; Absent - Directors Sharp and Wilson - total 2. Therefore, the Ordinance was declared PASSED. (Director Sharp re- enrolled at 8:52 o'clock P.M.) Introduced next was a proposed Ordinance, described as: - AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); APPROPRIATING FUNDS FOR THE ENVIRONMENTAL QUALITY AND ANTI -LITER TASK FORCE; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on June 25, 1996. Director Keck expressed concern about this amendment to the Budget Ordinance, and felt that the request for funds for the Environmental Quality and Anti- Litter Task 1•f I � • Minutes July 2, 1996 Force should go through the formal budget process. Director Sharp also felt this was not the right time. Director Hinton spoke in support of the Ordinance, stating we need this program. City Manager Charles Nickerson referred to his memorandum of June 24, 1996 in which he listed a number of litter control efforts. He also recommended that this funding request go through the budget process or at least wait until after the mid -year financial report. Director Hodges also felt this request should go through the budget process, and suggested the Board should start having more budget meetings. He suggested abolishing the Agenda meetings (nothing is accomplished, we ask the same questions as we do at the Board Meetings) and have budget work sessions instead. Following the lengthy discussion, there was a motion and second by Directors Adcock and Joyce, respectively, to suspend the rules and place the Ordinance on third and final reading. A voice vote was taken on the motion to suspend the rules as follows: Ayes - Directors Mason, Kumpuris, Adcock, Hinton, Joyce, Wyrick and Mayor Dailey - total 7; Noes - Directors Sharp, Keck and Hodges - total 3; Absent - Director Wilson - total 1. The motion failed to receive the required two- thirds vote; therefore, the proposed Ordinance was left on the calendar for third and final reading on July 16, 1996. Director Hodges moved to abolish the next two Agenda meetings as a trial. The motion was seconded by Director Keck. The motion failed by the following roll call vote: Ayes - Directors Keck, Kumpuris, Hodges, and Keck - total 4; Noes - Directors Mason, Adcock, Hinton, Joyce, Wyrick and Mayor Dailey - total 6; Absent - Director Wilson - total 1. Consideration was then given to Resolution No. 9,741 entitled: A RESOLUTION APPROVING THE BUDGET OF THE LITTLE ROCK EDUCATION COMMISSION; and the Resolution was read in full. Director Keck moved for the adoption of the Resolution. The motion was seconded by Director Mason, and the Resolution was adopted unanimously. The next presentation was Resolution No. 9,742 with the title being: A RESOLUTION TO AUTHORIZE THE RELEASE TO THE EXECUTIVE DIRECTOR OF THE CENTRAL ARKANSAS LIBRARY SYSTEM MONIES FROM THE SALE OF LIBRARY PROPERTY; AND FOR OTHER PURPOSES. (Two lots at 800 & 808 South Louisiana Street sold to St. Vincent Infirmary Medical Center. Following the reading of the Resolution, Director Sharp moved for its adoption. The motion was seconded by Director Mason and the Resolution was unanimously adopted. Introduced next was Ordinance No. 17,231, described as: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1995 ARKANSAS PLUMBING CODE WITH 1995 REVISIONS, AND FOR OTHER PURPOSES. 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 Hinton 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. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Hinton, 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 third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Sharp, G