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HomeMy WebLinkAbout07-16-96More Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 16, 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. The roll was called by City Clerk Robbie Hancock, 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 Hinton, followed by the Pledge of Allegiance. Mayor Dailey announced that Item 25 on the Agenda would be moved to the Consent Agenda; Item 10 was deferred to August 6, 1996; and Item 15 was withdrawn. Director Wyrick moved to add to the Agenda the request from Ballet Arkansas for $25,000 for Ballet Under the Stars. The motion was seconded by Director Keck and unanimously adopted. Whereupon, Mayor Dailey announced that Item 31 would be the request for funds for Ballet Under the Stars. City Attorney Tom Carpenter reminded the Board that the funding request should be part of the budget process and also a contract of that amount would have to be bid. Mayor Dailey stated that would be part of the discussion. Mayor Dailey also stated that Item 1 on the Addendum would be added to the Consent Agenda, and Item 2 on the Addendum would be considered immediately following the Consent Agenda. Mayor Dailey and City Manager Charles Nickerson then made a presentation to Mr. John Pryor, Director of Finance of the City of Little Rock. Mr. Pryor will be moving to Ft. Lauderdale, Florida and will be Director of Accounting for Broward County, Florida. They presented Mr. Pryor with a plaque for eight (8) years of service with the City of Little Rock (June 20, 1988 to July 26, 1996). Consideration was then given to the Consent Agenda which consisted of the following: (1) The Minutes of the Board of Directors regular meeting held December 5, 1995 and the reconvened meeting held December 12, 1995. (2) Resolution No. 9,746, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1995 CAPITOL IMPROVEMENT BOND FUND FOR CONSULTANT SERVICES FOR THE LITTLE ROCK ZOO. ($100, 000) (3) Resolution No. 9,747, entitled: A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LASITER ASPHALT MAINTENANCE COMPANY, INC. FOR PICRON, KIMBALL, REICHARDT, AND GARLAND STREET IMPROVEMENTS, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $657,559) 1 Minutes July 16, 1996 495 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 Hinton, Hodges, Keck, Sharp, and Mayor Dailey - total 5; Noes - Directors Joyce, Wyrick, Mason, Adcock, and Wilson - total 5; Absent - Director Kumpuris - total 1. Whereupon, the Ordinance FAILED. The next presentation was a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OR ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Z- 6120 -A - To rezone 42.58 acres along Cooper Orbit Road, north of Spring Valley Manor from "R -2" Single - family District to "MF -12" Multifamily District, with conditions.) (See discussion on preceding Ordinance.) Following the 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 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 Hinton, Hodges, Keck, Sharp, and Mayor Dailey - total 5; Noes - Directors Joyce, Wyrick, Mason, Adcock, and Wilson - total 5; Absent - Director Kumpuris - total 1. Whereupon, the Ordinance FAILED. Item 21 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 OR MINOR STREET LENGTH, LOT DEPTH TO WIDTH AND PIPE -STEM LOTS, STREET GRADES FOR CAPITOL LAKES ESTATES SUBDIVISION AT COOPER ORBIT ROAD 1/2 MILE SOUTH OF KANIS ROAD. Due to the failure of the previous three Ordinances, no action was taken on this Ordinance. Consideration was then given to Resolution No. 9,754, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A ROLL -OFF UNIT FOR THE SANITATION DEPARTMENT; (River City Hydraulics - not to exceed $35,250.) and the Resolution was read the first time. Director Adcock moved for the adoption of the Resolution. The motion was seconded by Director Keck, and the Resolution was adopted unanimously. Introduced next was Ordinance No. 17,246, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); APPROPRIATING FUNDS FROM THE LOCAL ONE -HALF CENT SALE TAX REVENUES TO FUND MUSEUM ENHANCEMENTS; AND FOR OTHER PURPOSES. Mr. Bill Bradshaw, Executive Director of the Museum of Science and History, responded to questions by the Board of Directors regarding raising private funds and obtaining state funding. He stated that since he reported to the Board of Directors two months ago, the Museum Board has received commitments totaling $933,000 towards the New Museum, and at this point has achieved $7,991,000 of the $10.7 million goal. 10 HE Minutes July 16, 1996 Drector Joyce was concerned that the History Education portion of the Museum is being dropped. Mr. Bradshaw told Director Joyce that the source of that information was totally misinformed; there will be an area called "Arkansas Passport to the World." The Ordinance was then read the first time. There was a motion by Director Keck to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Sharp 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 Keck 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 passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,247, entitled: AN ORDINANCE APPROPRIATING $270,000 FROM THE CITY'S EXCESS INTEREST EARNINGS ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND TO PROVIDE ADDITIONAL FUNDING FOR THE ASHER AVENUE IMPROVEMENT PROJECT; TRANSFERRING $696,855 IN RIGHT -OF -WAY FUNDS TO THE PROJECT; AND FOR OTHER PURPOSES. The Ordinance was read the first time. There was a motion by Director Keck to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Sharp 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 Keck 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 passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the proposal to amend the Water Service Agreement with the City of Bryant to remove the restriction on Bryant's annexation into the City of Little Rock extraterritorial area. Mayor Dailey declared the public hearing open at 11:00 o'clock P.M. Mayor Roy Bishop of the City of Bryant asked the Board of Directors to approve the amendment. Director Wyrick questioned who would serve the residents on Highway 5 (particularly the Golmans), Little Rock or Bryant? City Manager Charles Nickerson said the City of Bryant would annex that area and then serve them with water. Mr. Don Morrow, Manager of the Little Rock Municipal Water Works, stated that Little Rock installed a line along Highway 5 several years ago and served customers before the City's water policy was adopted, so we have facilities to serve, but the Board would have to change its policy before any new customers can be served. Water Commissioner Carl Scheibner said there is a written contract with the City of Bryant and it can't sell water outside its City Limits. Mr. Sam Raines had questions regarding water service for the E.E. Raines Estate in Otter Creek. Mayor Dailey declared the public hearing closed at 11:20 o'clock P.M., and Ordinance 17,248 was presented, with the title being: AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CITY OF BRYANT WATER SERVICE AGREEMENT TO REMOVE THE RESTRICTION ON BRYANT'S ANNEXATION INTO THE CITY OF LITTLE ROCK EXTRATERRITORIAL AREA. 11 Minutes July 16, 1996 497 The Ordinance was read the first time. There was a motion by Director Mason, 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 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 by Director Adcock to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Mason, 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 Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. (Director Wilson was excused at 11:20 o'clock P.M.) Resolution No. 9,755 was the next presentation, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE CITY OF MAUMELLE, ARKANSAS, TO ALLOW METROPOLITAN EMERGENCY MEDICAL SERVICES ( "MEMS ") TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE CITY OF MAUMELLE, ARKANSAS; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Mason, and the Resolution was unanimously adopted by the Board Members present. (Director Wilson re- enrolled at 11:25 o'clock P.M.) Introduced next was Ordinance 17,249, described as: AN ORDINANCE AUTHORIZING THE CREATION OF A DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS AND A DEPARTMENT OF PLANNING AND DEVELOPMENT; AMENDING ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. In response to a question by Director Wyrick, City Manager Charles Nickerson stated that the new departments (Items 27 and 28) are all created within existing budgets. Director Wyrick responded that Mr. Lawson, Director of Neighborhoods and Planning, will be losing two employees that will go with Tim Polk in the new department, and he really needs those positions. Mr. Nickerson said Mr. Lawson would make his case in the budget request for 1997. Director Adcock then moved 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Mason, Adcock, Wilson, and Mayor Dailey - total 9; Noes - Director Sharp - total 1; Absent - Director Kumpuris - total 1. Whereupon, the Ordinance was declared PASSED. 12 • Minutes July 16, 1996 Consideration was then given to Ordinance 17,250, entitled: AN ORDINANCE AUTHORIZING THE CREATION OF A DEPARTMENT OF COMMUNITY PROGRAMS; AMENDING ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Director Adcock then moved 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, and the second reading of the Ordinance ensued. Director Joyce questioned why Nneighborhood Connections and Initiatives is a part of Community Programs instead of Neighborhood Programs. City Manager Charles Nickerson stated that the person assisting in the development and formation of new neighborhood associations would be in Community Programs fitting the role of a facilitator or as a kind of ombudsman. Assistant City Manager William Hunter also responded to questions by the Board. Director Adcock had a problem with some of the positions and whether they were in Community Programs or Housing and Neighborhood Programs. Director Sharp didn't see how the new departments could be created without additional costs. There was a subsequent motion and second by Directors Keck and 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Mason, Adcock, Wilson, and Mayor Dailey - total 9; Noes - Director Sharp - total 1; Absent - Director Kumpuris - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the proposal to sell Little Rock water to the City of Benton. At 11:40 o'clock P.M. Mayor Dailey declared the public hearing open. There was no one present who wished to speak on the issue. Therefore, Mayor Dailey delcared the public hearing closed and said the issue will be discussed at a later date. The last matter to be considered was the request from Ballet Arkansas for $25,000 for Ballet Under The Stars, which was added to the Agenda at the request of Director Wyrick at the beginning of the meeting. Director Wyrick said that Ballet under the Stars is tentatively scheduled for September, and Ballet Arkansas needs to know if the City will fund $25,000. Director Adcock spoke in opposition. City Attorney Tom Carpenter said the Board is being asked for a strict sponsorship and the City is very limited in what it can do with municipal funds. An expenditure of this amount would have to be a competitive bid or an Ordinance waiving bids. It would have to be for a contract and go through the contract process. The City can't make a grant. Due to the late hour, the Board generally agreed to continue the discussion at the reconvened meeting on Tuesday, July 30,1996. At the time allotted for Citizen Communications, the first speaker was Mr. Robert "Say" McIntosh, who addressed the Board on black on black crime. The next speaker was Mr. Eddie Arnold, 110 White Oak Lane, speaking on behalf of his son Bryan Arnold. Mr. Arnond complained about the handling of his son's car during impoundment - the lack of securing and safeguarding his car while it was impounded. The car was impounded after a routine traffic stop, which revealed that the car was not insured. The car was towed by Routh Wrecker Service; the roof was up and the windows were down. When he went to get his house key out of his car several days later, he found his car was flooded from the recent rain. Mr. Arnold was told by Andre Bernard in General Services, to get estimates and file a complaint. After several weeks and phone calls he was told that the City's insurance would not cover this damage. Mayor Dailey asked City Manager Charles Nickerson to provide a report to the Board and to Mr. Arnold. 13 Minutes July 16, 1996 499 There being no further business to be presented, the Board of Directors recessed at 12:05 o'clock A.M. to reconvene on Tuesday, July 30, 1996, at 4:00 o'clock P.M. to consider the request for funds by Ballet Arkansas, the Valley Drive/McClellan CDC, and the MGT disparity study. ATTEST: APPROVED: City Clerk Robbie Hancock ayor Jim Dailey 14 487 Minutes July 16, 1996 (4) Resolution No. 9,748, described as: A RESOLUTION OF INTENT TO DEDICATE MONIES COLLECTED FROM THE OPERATION OF THE RIVERFEST AMPHITHEATER INTO A SPECIAL ACCOUNT TO BE USED FOR PAYMENT OF OPERATIONAL EXPENSES AND CAPITAL IMPROVEMENTS TO THE RIVERFEST AMPHITHEATER; AND FOR OTHER PEOPLE. (4 -a) Added to the Consent Agenda was Item 25, Resolution No. 9,749, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO REAPPOINT DELOITTE AND TOUCHE AND CHARLES COLE COMPANY TO PROVIDE CERTIFIED PUBLIC ACCOUNTING SERVICES TO THE CITY OF LITTLE ROCK FOR 1996. (4 -b) Also added to the Consent Agenda was Addendum Item 1, being Resolution No. 9,750, entitled: A RESOLUTION DELEGATING TEMPORARY AUTHORITY FOR ^� THE INVESTMENT AND MANAGEMENT OF CITY OF LITTLE ROCK, ARKANSAS FUNDS; AND FOR OTHER PURPOSES. (Appoint City Controller as temporary Finance Director and Treasurer.) Upon a motion by Director Adcock, which was seconded by Director Hinton and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of December 5, 1995 and December 12, 1995, were approved as written and distributed to the Board of Directors; and (2, 3, 4, 4 -a, and 4 -b) Resolutions No. 9,746, 9,747, 9,748, 9,749 and 9,750 were read in full and unanimously adopted. (Director Wilson enrolled at 6:20 o'clock P.M.) Item 2 on the Addendum was then introduced, being Resolution No. 9,751, described as: A RESOLUTION OF SUPPORT FOR THE CONTINUATION OF A TRUANCY CENTER BY THE LITTLE ROCK SCHOOL DISTRICT; AND FOR OTHER PURPOSES. Police Chief Louie Caudell, speaking in support of the Resolution, stated that he had just recently learned that the Little Rock School District Truancy Center is about to come to an end. He said only if there is an agreement between the School District and the Police Department are the Police officers permitted to pick up truants and only if there is a designated drop -off point. Rev. Ed Matthews, Chair of the S.T.A.Y. Council (Support Truancy Alternatives for Youth), distributed a press release to the Board of Directors. The S.T.A.Y. Council is made up of community volunteers and civic leaders, representatives from the Little Rock School District, the Little Rock Police Department, and New Futures for Youth. These volunteers are trained to work with truants, and the Truancy Center was created as the drop -off point for truant LRSD students. Rev. Matthews spoke in support of the Resolution and urged the Board to send a message to the Little Rock School District by adopting the Resolution. Director Wyrick said she was very impressed with the work done by Rev. Matthews, and moved to add the Resolution to the Agenda. The motion was seconded by Director Keck and unanimously adopted. Therefore, the Resolution was read in full. Director Sharp then moved for the adoption of the Resolution. The motion was seconded by Director Adcock, and the Resolution was adopted unanimously by the Board Members present. Item 5 on the Agenda was a discussion of the YMCA building at 6th and Broadway Streets. City Manager Charles Nickerson distributed a written communication to the Board in which he requested that the Board allow him to negotiate with the YMCA Board an acceptable alternative that ensures the purchase and mothballing of the structure 2 M • 0 Minutes July 16, 1996 for future use. (NOTE: The Downtown YMCA building at the northwest corner of Sixth and Broadway Streets closed last spring because of low attendance. The Broadway Group is a group of former YMCA members interested in saving the building and making the Downtown YMCA a public fitness center run by the City of Little Rock. The Broadway Group offered $500,000 toward the purchase price and renovation costs, which the City would have to pay back over a period of time. The City would have to contribute about $700,000 of the estimated $1.2 million for the project.) Mr. Nickerson was opposed to establishing a major new operating program in mid -year. His recommendation was to work out an arrangement with the YMCA to defer actual purchase of the building until 1997 and deal with it as part of the normal budget process. He suggested using one time funds to secure the building and mothball it, and then look at the whole array of possibilities that may exist for futures uses of the building. Mr. Barnett Grace and Mr. Dwight Blissard, members of the Broadway Group, explained the proposal for making the "Y" a downtown fitness center. Mr. Bill Bunten, Director of Parks and Recreation, responded to questions by Board Members regarding the proposal to use the "Y" as a fitness center. Following the lengthy discussion, there was a motion by Director Keck, seconded by Director Sharp, to add to the Agenda the Resolution as drafted and explained by City Attorney Tom Carpenter. The motion was unanimously adopted and Resolution No. 9,752 was presented, with the title being: A RESOLUTION TO AUTHORIZE THE CITY MANGER TO ENTER INTO AN AGREEMENT TO PURCHASE THE DOWNTOWN YMCA BUILDING; TO IDENTIFY FUNDS, NOT TO EXCEED $200,000, FOR THIS PURCHASE; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Sharp, and the Resolution was unanimously adopted by the Board Members present. The next presentation was Zoning Application Z- 5967 -A, filed by Charles Ekworomadu, to rezone 5819 Young Road from "R -2" Single Family District to "C -1" Neighborhood Commercial District. (Note: The property is occupied by a one story structure containing four dwelling units. Prior to annexation, the structure housed a day -care center. The structure was remodeled into a four unit apartment building, but the non - conforming use of the day -care center did not extend to conversion into a multifamily dwelling. On April 18, 1995, the Planning Commission approved "R -5" Urban Residence zoning for the property, but the Board of Directors denied the "R -5" zoning on May 16, 1995. The applicant subsequently filed suit against the City. The applicant now seeks to zone the property to "C -1 " and the reclassification was approved by the Planning Commission on March 28, 1996.) (See Minutes of May 7, 1996, and May 21, 1996 for discussion and deferrals. At the June 11, 1996 Agenda meeting, the matter was again deferred until July 16, 1996.) At the request of Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, updated the Board on the zoning violation, explaining that the Fire Marshall and Building Code Officials reviewed the building today and found numerous safety violations, and by noon tomorrow the electricity will be cut off and the residents will have to leave. Mrs. Yolanda Anderson Ekworomadu said the inspectors did not go inside the building and asked that the matter be deferred until her husband could be present. Mr. Lawson explained the fuse box and heating and air can be seen from the outside and the inspectors did not have to go inside the building. He also stated this has been a zoning violation for over a year. The proposed Ordinance was then presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (Z- 5967 -A -To rezone 5819 Young Road from "R 2" Single Family District to "C -1" Neighborhood Commercial District.) 3 489 Minutes July 16, 1996 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 Mason 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 passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Keck, and Mason - total 4; Noes - Directors Joyce, Wyrick, Sharp, Adcock, Wilson and Mayor Dailey - total 6; Absent - Director Kumpuris - total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Consideration was then given to Zoning Application Z- 4175 -E, filed by Mr. James Hathaway on behalf of ERC Foundation, to rezone 7.19 acres in the 3000 block of Aldersgate Road from "MF -12" Multifamily District to "MF -18" Multifamily District. The reclassification was approved by the Planning Commission on June 20, 1996. Ordinance No. 17,241 was introduced, 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- 4175 -E - To rezone 7.19 acres in the 3000 block of Aldersgate Road from "MF- 12" Multifamily District to "MF -18" Multifamily 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 Joyce 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 Ordinance was read the second time. The rules were again suspended and the Ordinance placed on third and final reading, upon a motion and second by Directors Adcock and Keck, respectively, which 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. Following the third and final reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Zoning Application Z- 5808 -A, filed by Mr. Maury Mitchell on behalf of Pat Watson, to rezone 1.7 acres on the southwest corner of Asher Avenue and Adams Street from "C -3" General Commercial District to "I -2" Light Industrial District. The reclassification was approved by the Planning Commission on June 20, 1996. Ordinance No. 17,242 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (Z- 5808 -A - To rezone 1.7 acres on the southwest corner of Asher Avenue and Adams Street [Lots 1 -22 and Lots 16 -18, Block 5, Remmell Addition] from "C -3" General Commercial District to "I -2" Light Industrial 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 Joyce and unanimously adopted by the Board Members present, being ten in 4 we Minutes July 16, 1996 number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. The rules were again suspended and the Ordinance placed on third and final reading, upon a motion and second by Directors Adcock and Keck, respectively, which 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. Following the third and final reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. Zoning Application Z-6106 was the next presentation. The application was filed by Mr. Patrick McGetrick on behalf of Mr. David Henry, to rezone 8.05 acres on Woodland Heights Road approximately 220 ft. south of Summit Road from "R -2" Single - family District to "0-3" General Commercial District. The reclassification was approved by the Planning Commission on June 6, 1996. (Note: At the June 25, 1996 Agenda Meeting this item was deferred until August 6, 1996. However, later a request was made that it be added to this Agenda) Mr. David Jones of Vogel -Jones Realtors, requested that since Christ the King Catholic Church was opposed to the rezoning, that any members of the Board of Directors that were members of the church not vote on this application, due to a conflict of interest. City Attorney Tom Carpenter said there would not be a conflict of interest for the Board of Directors. Mr. Jim Lawson, Director of Neighborhoods and Planning, gave a brief overview of the project, emphasizing that the land use plan and the rezoning are two different issues. He stated that staff thinks this should be suburban office use. He presented a list of reasons to ask for further design review and restrictions. In conclusion, he recommended keeping this as suburban office use and placing a height restriction on the property. At this point height is the crucial issue. He stated that the rezoning request is not appropriate in the form presented since the applicant is only agreeing to a 45 ft. height limit, and recommended a denial of the rezoning request. Speaking in opposition to the rezoning were Mr. Richard Stephens - a parishioner of Christ the King Church, Mr. Bill Canino, Mr. David Martinous, Mr. Lee Frazier, Mr. Mike Rose, Mr. James Badami and Mr. Tom Travis. Mr. Stephens stated the church does not still have an option to buy the land and requested any development be consistent with low profile suburban office building. There are traffic problems due to the school and people going to work. Speaking in support of the rezoning was Mr. David Jones of Vogel -Jones Realty, who represented the applicant. Mr. Jones referred to the definition of suburban office and what restrictions are attached. He said the applicant has negotiated with the church and the only remaining issue is whether or not the building can be three stories or be restricted to two stories. Mr. Jones said there is nothing in any of the Ordinances that allows the Board to place additional height restrictions on this property, however, the applicant has agreed to a height of 45 feet or three stories and other restrictions. He asked the Board to be fair and vote positive on this issue. Mr. Lawson stated that there are also right -of -way issues on Woodland Heights Road to be resolved. Mrs. Chandra Russell, Director of Public Works said the street would be required to be built to collector standard which would require a 450 ft. horizontal radius or a super elevated radius of 250 ft. Mr. David Henry, the applicant, said he had agreed to build the street to a 60 ft. right -of -way with a 30 ft. easement dedication. The proposed Ordinance was then presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (Z -6106 - To rezone 8.05 acres on Woodland Heights Road approximately 220 ft. south of Summit Road from "R -2" Single- family District to 110-3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Keck to suspend the rules and place the Ordinance on second reading. The motion was seconded 5 Minutes July 16, 1996 491 by Director Joyce, 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 Ordinance was read the second time. There was a subsequent motion and second by Directors Joyce and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 - None; Noes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson and Mayor Dailey - total 10; Absent - Director Kumpuris - total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Item 10 on the Agenda was a proposed Ordinance to rezone property at 13001 Kanis Road (Z -6158) from "R -2" Single - family District to "0-3" General Office District, which was deferred to August 6, 1996, as announced by Mayor Dailey at the beginning of the meeting. At 8:05 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 8:20 o'clock P.M., with Mayor Dailey presiding and nine Directors present. (Director Kumpuris was absent.) The next presentation was Resolution No. 9,753, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK IN SUPPORT OF THE CAPITOL VIEW /STIFFT'S STATION (WOODRUFF) NEIGHBORHOOD PLAN; and the Resolution was read in full. Mr. Joe Meehan, president of the Woodruff Community Development Corporation, explained the process for developing the plan and listed its goals. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Wilson, and the Resolution was unanimously adopted by the Board Members present. Introduced next was Ordinance No. 17,243, with the title being: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE I -630 AND HEIGHTS/HILLCREST DISTRICTS, WITHIN THE CAPITOL VIEW /STIFFT STATION NEIGHBORHOOD FROM VARIOUS DISTRICTS TO SINGLE FAMILY, MIXED USE, OFFICE, MIXED OFFICE WAREHOUSE, LOW DENSITY MULTIFAMILY AND COMMERCIAL; AND FOR OTHER MATTERS; and the Ordinance was read the first time. 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 second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Mason and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. n 492 Minutes July 16, 1996 Consideration was then given to Ordinance No. 17,244, 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 -6095 - To rezone various properties in the Capitol View Neighborhood from 11R- 4" Two - family District to "R -3" Single - family District; from "C -3" General Commercial District to 11C -1" Neighborhood Commercial District; and from 11C -3" General Commercial District to "O -1" Quiet Office District.) and the Ordinance was read the first time. 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 second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Mason and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,245, described as: AN ORDINANCE TO AMEND THE CITY MASTER STREET PLAN (15,519) REDEFINING THE PAVING AND RIGHT -OF -WAY STANDARDS FOR MARKHAM FROM CEDAR TO WOODROW AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Mr. Michael Shrader, 323 Brown Street, spoke in support of the Ordinance, stating if Markham Street was widened to 80 ft. in his area, we would lose houses. He asked the Board to vote for the Ordinance and help preserve the neighborhood in this stretch of Markham Street. Mr. Joe Meehan, president of the Woodruff Community Development Corporation, stated that they had no idea that the Master Street Plan required Markham Street to be wider, but the residents in the neighborhood do not want it to be wider. Mrs. Chandra Russell, Director of Public Works, said the Neighborhood Plan is a good plan, but Markham Street is a minor arterial street and a principal east/west corridor throughout the City and is already nearing capacity. Markham Street has four 11 ft. lanes. What is desirable is at least four 12 ft. lanes. The Master Street Plan requires five 12 ft. lanes in a 90 ft. right -of -way. She suggested a 70 ft. right -of -way, which is the currently reduced standard, and would accommodate four 12 ft. lanes. 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 second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Mason and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Adcock, Wilson, and Mayor Dailey - total 10; Noes - None; Absent - Director Kumpuris - total 1. Therefore, the Ordinance was declared PASSED. Item 15 on the Agenda was an proposed Ordinance providing for a five year deferral of boundary street improvements for Snell Prosthetic and Orthopedic Lab's proposed parking lot, Lots 1 and 2, Block 23, Lincoln Park Addition (Z- 6108), located at 7 Minutes July 16, 1996 93 5915 "F" Street. However, the Ordinance had been withdrawn by the applicant, as stated by Mayor Dailey at the beginning of the meeting. (Directors Wyrick and Sharp were excused at 8:45 o'clock P.M. due to a conflict of interest on the following two proposed Ordinances. Director Wyrick's supervisor owns property in the area; Director Sharp has a business partner that owns land in the area.) Introduced next was a proposed Ordinance, described as: AN ORDINANCE TO AMEND 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; (Deferred from July 2, 1996.) Mr. Jim Lawson, Director of Neighborhoods and Planning, asked that this Ordinance and the next Ordinance (Items 16 and 17) be read the first time only because there were some issues to be worked out with property owners. Mr. Sam Raines, of Raines Plantation in the Industrial Park, stated that he can now sell 5 acre tracts or more and his concern was whether or not the two Ordinances would place zoning restrictions on the property. City Attorney Tom Carpenter advised the property would be zoned "R -2" Residential and the owner would have to apply for zoning reclassification. Mr. Raines stated there would be an election in November for casinos and asked what is the zoning for casinos if one should go in this area. Mr. Carpenter stated there is no zoning for casinos at the moment, and that would have to be decided if and when there is a successful vote. Mr. Raines asked for a longer delay than two weeks, because there are other issues to be settled: floodplains, wetlands, water, sewer, etc. Mrs. Wilma Walker also asked that the Ordinance be read the first time only and asked what is included in the Exterritorial Zoning. Mr. Lawson explained that all it does is control land use. There is no attempt to annex any of this land. Mr. Kurt Oakes, Senior Plan Engineer for Granite Mountain Quarries, requested that the lands owned by the Quarries that lie west of Hwy. 365 be zoned mining and those lands east of Hwy. 365 be zoned in conjunction with those of 3M Corporation. Ms. Mary Ratcliffe, who owns a farm in Sweet Home east of the railroad tracks, said that due to lack of communication, she did not understand the impact of this on her property and that of her neighbors, and asked for a deferral. Mayor Dailey asked City Manager Charles Nickerson to provide a report on the points raised. The proposed Ordinance was then read the first time, and left on the calendar for second reading on August 20, 1996. Consideration was then given to the related proposed Ordinance, entitled: AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE COLLEGE STATION COMMUNITY AND AN AREA GENERALLY SOUTH OF FRAZIER PIKE, EAST OF GILLIAM PARK, WEST OF THE ARKANSAS RIVER AND NORTH OF HARPER AND THIBAULT ROADS (AREA III EXTRATERRITORIAL ZONING) WHICH IS OUTSIDE OF BUT WITHIN THREE (3) MILES OF THE CORPORATE LIMITS OF THE CITY OF LITTLE ROCK; TO MAKE THE CITY'S COMPREHENSIVE ZONING REGULATIONS APPLICABLE THERETO; AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (See discussion on proposed Ordinance above) The proposed Ordinance was read the first time, and left on the calendar for second reading on August 20, 1996. (Directors Wyrick and Sharp re- enrolled at 9:05 o'clock P.M.) The next presentation was a proposed Ordinance, 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. (Capitol Lakes Estates on Cooper Orbit Road - 190.3 acres.) (Deferred from 4 -16 -96 -Seepage 9 of Minutes) Minutes July 16, 1996 Mr. Jim Hathaway, representing the applicant, explained the relationship of the four issues (Items 18, 19, 20, and 21) - annexation, land use, zoning and waivers. He said there would be no development if the annexation is not approved. Mr. Jim Lawson, Director of Neighborhoods and Planning, gave the annexation overview, stating that Staff has done the normal annexation impact review, and recommends accepting the annexation. Mr. Mark Spradley, attorney for owner Mr. John Burnett, described the area to be annexed and its uses. He asked the Board to honor the Pulaski County Court Order on the annexation signed by the County Judge on March 8, 1996, and read the state statute regarding annexations. In response to a question by Director Keck, City Attorney Tom Carpenter said the Board would have to find some basis that it would not be to the City's interest to annex under these circumstances, given the procedures that have been followed. Speaking in opposition to the annexation was Mr. O. C. "Rusty" Sparks, president of the Spring Valley Manor Property Owners Association, who stated this is an issue of convenience, there has been no showing of necessity. The only egress and ingress is Cooper Orbit Road from Kanis Road. He believed it was in the best interest of the City to promote planned growth. All of this area is undeveloped. He said the City needs to look at the impact of all the issues, and urged the Board to vote against annexation until the impact study is completed. He said the Association was comfortable with the land use plan and zoning, but was opposed to the annexation and unplanned growth. The next speaker in opposition was Mrs. Thelma Shank, a resident of Spring Valley Manor Subdivision, who stated her family felt threatened by this annexation. She said the developer told them about the multifamily proposal for this development and stated we don't need more apartments out there. Others speaking in opposition and urging the City to plan were Mary Mikes, Alan Rail, Terry Eastin. Following the lengthy presentation and discussion by the Board of Directors, the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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 Keck and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously 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 Hodges, Sharp, and Mayor Dailey - total 3; Noes - Directors Hinton, Keck, Joyce, Wyrick, Mason, Adcock, and Wilson - total 7; Absent - Director Kumpuris - total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Introduced next was a proposed Ordinance, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN DISTRICT, WEST OF COOPER ORBIT, NORTH OF SPRING VALLEY ESTATES, FROM SINGLE FAMILY TO LOW DENSITY MULTIFAMILY; AND FOR OTHER MATTERS. (Re: Z- 6120 -A.) Speaking in opposition to the proposed Land Use Ordinance and the following Zoning Ordinance were Mr. O. C. "Rusty" Sparks, Ms. Terry Easton, and Mrs. Vivian Nicholson. Mr. Sparks stated the Spring Valley Manor Property Owners Association Board had negotiated an agreement in favor of the rezoning, but there were some individuals that had different opinions. (See discussion on annexation Ordinance above) Mr. Jim Hathaway urged the Board to vote for the two Ordinances. Following the 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 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