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HomeMy WebLinkAbout12-17-96t�Sr Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas December 17, 1996 - 5:15 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Mason, Adcock, Hinton, Hodges, Keck, and Joyce - total 7; Absent - Directors Kumpuris, Wilson and Wyrick - total 3. (Note: The Board convened in the Sister Cities Conference Room since it would be conducting the evaluation of City Attorney Tom Carpenter there) With a quorum present, Mayor Dailey declared the Board of Directors in session and stated the purpose of meeting earlier than the 6:00 o'clock scheduled time was in order to complete the evaluation of City Attorney Tom Carpenter before the regular meeting time. There was a motion by Director Keck to recess to Executive Session for the evaluation of City Attorney Tom Carpenter. The motion was seconded by Director Adcock and unanimously adopted by the Board Members present. Therefore, the Board of Directors recessed to Executive Session at 5:16 o'clock P.M. When the Board of Directors reconvened from Executive Session at 6:15 o'clock P.M. in the Board of Directors Room, Mayor Dailey presided and the following Directors were present: Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 10; Absent -None. Mayor Dailey reported that the Board of Directors had completed the evaluation of City Attorney Tom Carpenter and had authorized a 4.25% salary increase (the same as other City employees) for 1997; a car allowance equal to City department heads, and the option to transfer his retirement account to ICMA (International City Managers Association), if desired. The Board will meet with the City Attorney and the City Manager on a quarterly basis, beginning in 1997, rather than doing an annual evaluation. The Invocation was given by Director Wilson, followed by the Pledge of Allegiance. Mayor Dailey presented plaques to Judge Mark Hayes (Municipal Court - Traffic Division), and City Directors Jesse Mason, Jr. and Jeff Sharp for their services to the City of Little Rock. The terms of all three will expire December 31, 1996. (Note: Judge Hayes was appointed by Governor Huckabee on July 31, 1996 to fill the unexpired term of Judge Bill Watt, whose resignation was effective July 31, 1996.) Mayor Dailey presented a Certificate of Appreciation to Mr. Scott Wallace of Bruno's Little Italy Restaurant, who sponsored a team in the Three -on -Three Hoopfest that went on to the world championship in California. He then presented Certificates of Appreciation to Cory Camper, Freddie Fester, and Robert Jones, the 1996 Hoop -It- Up Three -on -Three World Champions. This Little Rock team won out of 25,000 teams world wide. City Director Willie Hinton presented a Certificate of Appreciation to Mr. Macy Butler for his services on the Youth Task Force, since he is leaving Little Rock. Mr. David Sink, UALR Institute of Government, gave a briefing on the evaluation of the School Resource Officer Program and recommended to the Board that the City continue the partnership. The video of the Housing and Neighborhood Programs and the Public Works Department Strategic Plan was deferred to January 7, 1997. Mayor Dailey announced that Item 39 had been withdrawn by the applicant and Items 44 and 57 were deferred. Therefore, no action would be taken on the following items: 1 608 Minutes December 17, 1996 Consideration was then given to Ordinance No. 17,339, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED STAMAR DRIVING RANGE LONG -FORM PCD (Z -6178) 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 Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,340, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT INDUSTRIAL DISTRICT TITLED OAKS BROTHERS SHORT -FORM PD -I (Z -6189) 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 Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,341, with the title being: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE RIVER MOUNTAIN DISTRICT, BETWEEN PINNACLE VALLEY ROAD AND ISON CREEK, SOUTH OF THE RAILROAD FROM SINGLE FAMILY TO OPEN SPACE AND LOW DENSITY MULTIFAMILY, AND FOR OTHER MATTERS; and the Ordinance was read the first time. There was a motion by Director Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 [[I] Minutes December 17, 1996 009 vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, 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. 17,342, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT TITLED PINNACLE VALLEY SUBDIVISION PHASE IV LONG - FORM PRD (Z -6198) LOCATED 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 Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,343, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR PINNACLE VALLEY SUBDIVISION PHASE IV (S -992- E AND Z -6198) LOCATED ON PINNACLE VALLEY ROAD; and the Ordinance was read the first time. There was a motion by Director Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,344, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT TITLED HIGHLAND PARK LONG -FORM PRD (Z -6214) 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 Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors, and the 11 610 Minutes December 17, 1996 second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, 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. 17,345, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, PROVIDING FOR A WAIVER OF THE CUL -DE -SAC REQUIREMENTS FOR HIGHLAND PARK PRD (Z -6214) LOCATED SOUTHEAST OF JONESBORO AND 12TH STREET; and the Ordinance was read the first time. There was a motion by Director Mason, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 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 Keck, 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 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,346, described as: AN ORDINANCE PROVIDING FOR A MODIFICATION OF BOUNDARY STREET IMPROVEMENTS FOR BLACKMON CHIROPRACTIC CLINIC (BP - #96120) FOR A NEW ADDITION TO THE EXISTING BUILDING AT 700 CANTRELL ROAD. Note: The Ordinance as read the first time on November 7, 1996 was 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 for Blackmon Chiropractic Clinic (BP -96 -120) for a new addition to the existing building located at 7000 Cantrell Road." (The second reading of the Ordinance had been deferred on November 19, 1996, and again on December 3, 1996.) Director Adcock moved to amend the Ordinance to provide for modification of boundary street improvements as presented under Version "B". The motion was seconded by Director Kumpuris and unanimously adopted by the Board Members present. The Ordinance, as amended, was then read the second time. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance, as amended, 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, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance, as amended, was declared PASSED. The next presentation was Ordinance No. 17,347, with the title being: AN ORDINANCE PROVIDING FOR A WAIVER OF DRIVEWAY WIDTH PROVISIONS OF CHAPTER 30 OF THE CODE OF ORDINANCES FOR ARKANSAS FEDERAL CREDIT UNION LOCATED AT 1001 CAPITOL AVENUE; 12 Minutes December 17, 1996 611. and the Ordinance was read the first time. Mr. Richard Downing, attorney for Arkansas Federal Credit Union, spoke in support of the Ordinance, stating that the applicant is constructing a new building with four drive -up lanes and an ATM lane. The driveways are located on Capitol Avenue, Chester Street, and Sixth Street. City Ordinance limits the width of driveways for commercial property to 40 feet. Arkansas Federal Credit Union is requesting a 76 foot driveway on Sixth Street. Mr. Dennis Hastings, representing KDA, Inc., which designs and builds financial institutions throughout the U.S., explained the plan for the 76 foot driveway. Mrs. Chandra Russell, Director of Public Works, addressed the safety and precedent issues, and responded to questions by the Board. Following the discussion, Director Keck moved 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. The second reading of the Ordinance ensued, followed by a motion and second by Directors Keck 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 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, Kumpuris, and Mayor Dailey - total 9; Noes - Director Adcock - total 1; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,348, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR KAUFMAN ADDITION (S- 1081 -A) LOCATED AT THE SOUTHEAST CORNER OF WEST 7TH STREET AND JONES STREET; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,349, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR CANTRELL CENTRE SUBDIVISION (S- 923 -A) LOCATED AT THE SOUTHWEST CORNER OF CANTRELL ROAD AND NORTH STREET; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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: 13 612 Minutes December 17, 1996 Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,350, with the title being: AN ORDINANCE PROVIDING FOR A CONDITIONAL WAIVER OF BOUNDARY STREET IMPROVEMENTS IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 31 OF THE CODE OF ORDINANCES FOR KINGWOOD PLACE LOTS C -R AND D -R LOCATED AT PINE VALLEY ROAD AND SUNSET CIRCLE (S- 1120); and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock 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. 17,351, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF COMMERCIAL STREET REQUIREMENTS FOR LOONEY'S TRUCK TIRE CENTER, INC. (Z -6215) LOCATED AT 7416 ENMAR DRIVE; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,352, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF THE SIDEWALK REQUIREMENTS FOR LOONEY'S TRUCK TIRE CENTER, INC. (Z -6215) LOCATED AT 7416 ENMAR DRIVE; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being ten in number and two- thirds 14 Minutes December 17, 1996 0'13 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,353, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF RESIDENTIAL STREET REQUIREMENTS FOR VILLAGE GROVE ROAD LOCATED IN THE VILLAGES OF WELLINGTON, PHASE IV (S- 1118); and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock 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. 17,354, entitled: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CENTRON FOR THE PURCHASE OF A MAINFRAME COMPUTER NETWORK FOR THE OFFICE OF MANAGEMENT SUPPORT; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,355, with the title being: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO IBM FOR THE PURCHASE OF A MAINFRAME COMPUTER UPGRADE FOR THE OFFICE OF MANAGEMENT SUPPORT; and there was a first reading of the Ordinance, followed by a motion and second to suspend the rules to provide for the second reading of the Ordinance. The motion was made by Director Mason, seconded by Director Adcock, 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 and second by Directors Adcock and Sharp, respectively, to again 15 614 Minutes December 17, 1996 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 Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Item 40 on the Agenda was a proposed Ordinance to amend Sections 36 -278 and 36 -281 of the Code of Ordinances to list halfway houses as Conditional Uses in the "0-3" General Office Zoning District. City Attorney Tom Carpenter explained that the Ordinance had been replaced with an Ordinance declaring a 90 day moratorium on granting permits for halfway houses (Addendum Item 1), so that the Ordinance to amend the Code as prepared by the City Attorney's Office can be considered by the Planning Commission. Whereupon, Ordinance No. 17,356 was presented, with the title being: AN ORDINANCE TO DECLARE THE INTENT OF THE BOARD OF DIRECTORS TO AMEND THE CITY ZONING ORDINANCES TO INCLUDE A PROPER DEFINITION FOR CORRECTIONAL FACILITIES WHICH INCLUDES, AMONG OTHER THINGS, HALFWAY HOUSES; DECLARING A MORATORIUM ON THE GRANTING OF BUILDING PERMITS OR ZONING REQUESTS FOR SUCH FACILITIES; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Adcock, to suspend the rules to provide for the second reading of the Ordinance. 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 Sharp, 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 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, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,849, adopted December 3, 1996, on the petition filed by Joe White, Jr. on behalf of Chris Robertson and Riverdale Mini - Storage to vacate and close a portion of the right - of -way of Riverfront Drive at Jessie Road. Notice of hearing was published in the Daily Record on December 10, 1996, and December 17, 1996. Attached to the petition was a letter from Beach Abstract Company, listing the last apparent owners of record of abutting property, and a survey of the right -of -way. The abandonment was considered by the Planning Commission on October 10, 1996, but did not receive a recommendation of approval. Mayor Dailey declared the public hearing open at 11:55 o'clock P.M. City Manager Charles Nickerson stated that the Parks and Recreation staff had requested that the Ordinance be deferred to give opportunity to work out some issues with the applicant. No one had registered to speak during the public hearing. Mayor Dailey declared the public hearing closed and the proposed Ordinance described as: "AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE RIGHT -OF -WAY OF RIVERFRONT DRIVE AT JESSIE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS" was deferred to January 7,1997. Consideration was then given to Ordinance No. 17,357, entitled: AN ORDINANCE TO AMEND ORDINANCE 17,290 ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1997 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; IR Minutes December 17, 1996 615 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 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 - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. City Attorney Tom Carpenter stated during the meeting that regarding the utility franchise ordinances there will probably be a need to negotiate some substantive provisions during 1997 as we complete a telecommunications ordinance for this area and, as a part of that, a curb cut ordinance. Mr. Carpenter has informed Arkansas Power & Light Company and Southwestern Bell Telephone Company of that fact and they understand. While this will keep the rates in the same ballpark for 1997, there are some substantive issues that will need to be negotiated. Introduced next was Ordinance No. 17, 358, described as: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1997; PROVIDING FOR THE PAYMENT THEREOF; 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 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 - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,359, with the title being: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1997; AMENDING SECTION 9 OF ORDINANCE NO. 11,683, 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 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 17 616 Minutes December 17, 1996 was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. (NOTE: Director Wyrick recused on Items 55 and 56, since she is an employee of Southwestern Bell Telephone Company - see Ordinances No. 17,360 and 17,361.) Consideration was then given to Ordinance No. 17,360, entitled: AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1997; AND PROVIDING FOR THE PAYMENT THEREOF; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, 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, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 9; Noes - None; Recused - Director Wyrick - total 1; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,361, described as: AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE OT INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTION OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, 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, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 10; Noes - None; Recused - Director Wyrick - total 1; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,362, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 16,730 (AUGUST 16,1994) TO CLARIFY BOARD MEMBERSHIP ON THE EDUCATION COMMISSION; AND FOR OTHER PURPOSES. 18 Minutes December 17, 1996 617 Following the first reading of the Ordinance, Director Hinton moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Adcock 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, 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, Kumpuris, Adcock and Mayor Dailey - total 9; Noes - None; Voting Present - Director Mason - total 1; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Resolution No. 9,880, described as: A RESOLUTION CREATING THE LITTLE ROCK RIVERFRONT LANDING COMMITTEE AND NAMING JEFF SHARP AS THE CHAIR; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Adcock moved to amend the Resolution to add Section 3: "A report will be made to the Board of Directors within thirty (30) days to name members of the Committee and terms of office. " The motion was seconded by Director Hinton and unanimously adopted. Director Hinton then moved to adopt the Resolution as amended. The motion was seconded by Director Joyce, and the Resolution, as amended, was adopted by the following voice vote: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Mason, Kumpuris, Adcock and Mayor Dailey - total 9; Noes - None; Voting Present - Director Sharp - total 1; Absent - Director Wilson - total 1. Consideration was then given to Ordinance No. 17,363, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 16,498 (SEPTEMBER 26, 1993) TO INCREASE THE SALARY FOR THE MAYOR; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Following the first reading of the Ordinance, Director Mason moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Joyce, and unanimously adopted by the Board Members present, being 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, Joyce, Wyrick, Sharp, Mason, Kumpuris, and Adcock - total 9; Noes - None; Voting Present - Mayor Dailey - total 1; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, and Adcock - total 9; Noes - None; Voting Present - Mayor Dailey - total 1; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. At the time allotted for Citizen Communications the only speaker was Mr. Rusty Sparks, who expressed his thanks to Director Jesse Mason, Jr. and Director Jeff Sharp for their service on the Board of Directors. [L: b Minutes December 17, 1996 (39) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SIDEWALK REQUIREMENTS FOR COMMERCE SQUARE ADDITION, LOCATED AT THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND 65th STREET. (44) A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR RENOVATION OF THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY. (57) AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 7- 127(2)(A)(1988), TO CHANGE THE FEES ASSESSED TO AUTOMOBILE RENTAL FACILITIES; TO PERMIT THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO PROMULGATE RULES AND REGULATIONS CONCERNING THE OPERATION OF OFF - AIRPORT AUTOMOBILE RENTAL FACILITIES; AND FOR OTHER PURPOSES. Mayor Dailey also announced that Items 45, 46, 47, 49, 50 and 51 would be added to the Consent Agenda. (Renumbered as Items 18, 19, 20, 21, 22 and 23) City Attorney Tom Carpenter said there is a policy question about Items 2, 3 and 4 (street and alley closures). Staff has suggested the Board might want to consider selling property to the petitioner when asked to abandon right -of -way, since the City is now being required to pay for more things as takings and to do more things as required under federal regulations such as sidewalks under ADA. The Board might want to make a policy of asking for payment of the right -of -way with the payment going to the infrastructure fund. He recommended setting the public hearing dates and to make the petitioners aware of the policy proposal. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held March 19, 1996, and the reconvened meeting held March 26, 1996. (2) Resolution No. 9,857, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE STATE STREET FROM THE DEAD END OF STATE STREET TO NORTH STREET IN THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (January 7,1997) (3) Resolution No. 9,858, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 21 OF BELLEVUE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (January 7, 1997) (4) Resolution No. 9,859, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 9 OF PFEIFER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (January 7,1997) (5) Resolution No. 9,860, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW HOLLAND FOR THE PURCHASE OF TWO BACKHOES FOR THE PUBLIC WORKS DEPARTMENT. (Not to exceed $79,860.) 2 raziro • • Minutes December 17, 1996 There being no further business to be presented, the Board of Directors adjourned sine die at 12:10 o'clock A.M. ATTEST: APPROVEN City Clerk Robbie Hancock �ayor Jim Dailey 20 Minutes December 17, 1996 (6) Resolution No. 9,861, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO JACK JENNINGS FIRE & SAFETY EQUIPMENT FOR THE PURCHASE OF A. HAZMAT RESCUE TRUCK AND A 1500 G.P.M. TRIPLE COMBINATION FIRE PUMPER TRUCK FOR THE LITTLE ROCK FIRE DEPARTMENT. (Not to exceed $89,375.) (7) Resolution No. 9,862, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO JACK JENNINGS FIRE & SAFETY EQUIPMENT FOR THE PURCHASE OF A HAZMAT RESCUE TRUCK AND A 1500 G.P.M. TRIPLE COMBINATION FIRE PUMPER TRUCK FOR THE LITTLE ROCK FIRE DEPARTMENT. (Not to exceed $395,958.) (8) Resolution No. 9,863, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO NORTH POINT FORD FOR THE PURCHASE OF THREE (3) SEDANS FOR THE LITTLE ROCK FIRE DEPARTMENT. (Not to exceed $58, 845) (9) Resolution No. 9,864, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE AMOUNT OF OUT -OF- POCKET REIMBURSABLE EXPENSES PAYABLE TO THE TEAM OF DESIGN /JOE SONDERMAN, INC. AND LESTER ASSOCIATES, INC. IN PROVIDING EXHIBIT DESIGN SERVICES FOR A NEW MUSEUM OF SCIENCE AND HISTORY. (10) Resolution No. 9,865, with the title being: y A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER SURPLUS FUNDS TO MAKE FINAL PAYMENT TO THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD) FOR THE CITY'S SHARE OF THE COST OF THE OTTER CREEK BRIDGE CONSTRUCTION PROJECT, A 1988 CAPITOL IMPROVEMENT BOND PROJECT. (11) Resolution No. 9,866, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ARKANSAS ENTERPRISES FOR THE DEVELOPMENTALLY DISABLED (AEDD) TO PROVIDE $56,582 IN HOME FUNDS TO PROVIDE AFFORDABLE HOUSING FOR SPECIAL NEEDS CLIENTS. (12) Resolution No. 9,867, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WOODRUFF COMMUNITY DEVELOPMENT CORPORATION (CDC) TO PROVIDE $195,083 IN HOME FUNDS FOR THE REHABILITATION, CONSTRUCTION, AND SALE OF THREE (3) AFFORDABLE HOMES IN THE 500 BLOCK OF SOUTH MAPLE STREET. (13) Resolution No. 9,868, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COLLEGE STATION COMMUNITY DEVELOPMENT CORPORATION (CDC) TO PROVIDE $11,700 IN HOME FUNDS FOR PROJECT MANAGEMENT SERVICES IN THE APPLE BLOSSOM SUBDIVISION. 3 i *r 1 Minutes December 17, 1996 (14) Resolution No. 9,869, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO JOHN WRIGHT CONSTRUCTION COMPANY FOR CONSTRUCTION OF A RESIDENCE AT 520 EAST 21sT STREET FOR THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS. (Not to exceed $48,400) (15) Resolution No. 9,870, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO PHILLIPS CONSTRUCTION COMPANY FOR CONSTRUCTION OF A RESIDENCE AT 518 EAST 21sT STREET FOR THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS. (Not to exceed $46,200.) (16) Resolution No. 9,871, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO PHILLIPS CONSTRUCTION COMPANY TO REHABILITATE A HOME AT 614 EAST 17TH STREET, A SAVE -A -HOME PROJECT FOR THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS. (Not to exceed $38,860.) (17) Resolution No. 9,872, entitled: A RESOLUTION TO AMEND RESOLUTION NUMBER 9,587 (DECEMBER 26, 1995) TO PROVIDE FOR THE TRANSFER OF SEVENTY - FIVE PERCENT (75 %) OF THE UNEXPENDED FUTURE- LITTLE ROCK FUNDS TO THE STREETS AND DRAINAGE FUND AT THE END OF THE FISCAL YEAR (18) Resolution No. 9,873, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HISTORIC INVESTMENT SOLUTION TEAM, L.L.C. AND DOWNTOWN LITTLE ROCK COMMUNITY DEVELOPMENT CORPORATION (CDC) TO PROVIDE $200,000 IN HOME FUNDS TO RENOVATE KRAMER SCHOOL INTO TWENTY -TWO (22) HOUSING UNITS FOR LOW INCOME ARTISTS. (19) Resolution No. 9,874, with the title being: A RESOLUTION TO AMEND AN ASSIGNMENT OF RIGHT TO TAKE TITLE TO THE KRAMER SCHOOL PROPERTY; AND FOR OTHER PURPOSES. (Kramer School Artloft Limited Partnership (KSALP); Downtown Little Rock Community Development Corporation (DLRCDC); or Kramer School Management Corporation (KSMC)) (20) Resolution No. 9,875, entitled: A RESOLUTION ACCEPTING THE DEDICATION OF RIGHT - OF -WAY OF A PREVIOUSLY CLOSED PORTION OF FERRY STREET; AND FOR OTHER PURPOSES. (Ferry Street between East 7th Street and East 8th Street, between Blocks 1 and 3, Johnson's Addition -from Inn Towne Partners, Ltd.) 4 Minutes December 17, 1996 oo� (21) Resolution No. 9,876, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLACK COMMUNITY DEVELOPERS, INC., WATERSHED, INC., CAMP ALDERSGATE, THE LITTLE ROCK HOUSING AUTHORITY AND PARKVIEW CHRISTIAN CHURCH/STEP UP CENTER, FOR AN AMOUNT NOT TO EXCEED $425,000 FOR YOUTH INTERVENTION PROGRAM SERVICES IN 1997, AUTHORIZING TWO ADDITIONAL ONE YEAR TERMS AT THE SOLE OPTION OF THE CITY, AND SUBJECT TO APPROPRIATION; AND FOR OTHER PURPOSES. (22) Resolution No. 9,877, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARKANSAS CARES, A DIVISION OF DAMS, IN AN AMOUNT NOT TO EXCEED $157,500 FOR WOMEN'S EVENING OUTPATIENT TREATMENT IN 1997, AUTHORIZING TWO ADDITIONAL ONE YEAR TERMS AT THE SOLE OPTION OF THE CITY, AND SUBJECT TO APPROPRIATION; AND FOR OTHER PURPOSES. (23) Resolution No. 9,878, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARKANSAS CHILDREN'S' HOSPITAL, IN AN AMOUNT NOT TO EXCEED $450,000 FOR CHILDREN'S ALCOHOL AND DRUG TREATMENT SERVICES IN 1997, AUTHORIZING TWO ADDITIONAL ONE YEAR TERMS AT THE SOLE OPTION OF THE CITY, AND SUBJECT TO APPROPRIATION; AND FOR OTHER PURPOSES. Upon a motion by Director Adcock, which was seconded by Director Mason and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) the Minutes of March 19, 1996 and March 26, 1996, were approved as written and distributed to the Board of Directors; and (Items 1 through 23 - which included Items 45- 47 and 49 -51 as renumbered) Resolutions No. 9,857, 9,858, 9,859, 9,860, 9,861, 9,862, 9,863, 9,864, 9,865, 9,866, 9,867, 9,868, 9,869, 9,870, 9,871, 9,872, 9,873, 9,874, 9,875, 9,876, 9,877, and 9,878 were read and unanimously adopted. (Note: Director Wyrick recused on Item 13 - Resolution No. 9,868) Discussion of the Budget Ordinance (Item 18) began at 6:50 o'clock P.M. and concluded at 8:05 o'clock P.M. with a number of speakers. The first speaker was Ms. Patsy Murray, who said people pay taxes on utility bills so why doesn't the City have the money to take care of the flooding problems in southwest Little Rock. Mr. Mike Schrader spoke in support of funding for Central Arkansas Transit Authority - bus service is very important in the City. Mrs. Harriet Stephens, Michael Preble, Dominique Simmons, and Curtis Tate spoke in support of funding for educational programs at the Arkansas Arts Center. Mr. Buford Stinnett, a member of the CATA Advisory Council, spoke in support of funding for the Central Arkansas Transit Authority. Jawann S. Hayes, J. C. Dickson, Michael Rose and Regina Brooks also spoke in support of CATA funding. Mrs. Annie Abrams, representing the Coalition of Little Rock Neighborhoods, supported funding for Prevention, Intervention, and Treatment (PIT) programs. Mrs. Ruth Bell spoke about the goals of FUTURE- Little Rock and what has actually been accomplished. Following the presentations by citizens, there was a motion by Director Keck to amend the budget to appropriate $400,000 from Infrastructure to Central Arkansas Transit Authority (CATA). The motion was seconded by Director Adcock and unanimously adopted. Director Sharp said the Little Rock Advertising and Promotion Commission voted unanimously to purchase the Curan House (615 West Capitol) at a cost of a little over $42,000 for a Visitors Information Center. However, the owners do not want to settle. The City has appropriated $48,000 to purchase the adjacent property. City Attorney Tom Carpenter stated the City is in litigation on the condemnation of the property. The Board might 5 604 Minutes December 17, 1996 consider that $50,000 be made available for this project. Director Sharp moved to amend the budget ordinance by reducing the landmark building fund by $50,000 and adding the $50,000 for the Advertising and Promotion Visitors Center Project. The motion was seconded by Director Adcock and unanimously adopted. Director Adcock said the budget shows two $60,000 appropriations for Arts and Humanities Promotion Commission and moved to take $30,000 from the second $60,000 and give it to Big on Little Rock. The motion was seconded by Director Sharp. The motion failed by a voice vote of 2 ayes (Adcock and Sharp), 8 noes, 1 not voting (Wilson). Director Mason appealed to the Board to keep the $28,000 for PIT evaluation telephone survey of services. Director Hinton moved to designate $20,000 from the Infrastructure Account for Paint Your Heart Out, and the motion was seconded by Director Adcock. There was a substitute motion by Director Hodges that the City Manager come back to the Board with a recommendation for funding Paint Your Heart Out and PIT Evaluation from various department funds and that this be an ongoing commitment. The motion was seconded by Director Keck and unanimously adopted. Consideration was then given to the Budget Ordinance as amended, being Ordinance No. 17,336, entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Adcock to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was seconded by Director Mason and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. Following the third and last reading of the Ordinance, a roll call vote was taken on passage of the Ordinance: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 14 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Item 48, being Resolution No. 9,879, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARTHA AND DANIEL PAGE TO PROVIDE $119,437 IN HOME FUNDS TO REHABILITATE SIX (6) STRUCTURES IN THE 1400 BLOCK OF SOUTH CEDAR STREET FOR LOW INCOME RENTAL HOUSING. Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Adcock, and the Resolution was unanimously adopted by the Board Members present. Directors Mason and Sharp made farewell speeches before Mayor Dailey declared a ten minute recess at 8:25 P.M. When the Board reconvened at 8:40 P.M. Vice Mayor Adcock presided and the following Directors were present: Directors Sharp, Mason, Hinton, Hodges, Keck, Joyce, and Wyrick - total 7; Absent - Directors Kumpuris and Wilson and Mayor Dailey - total 3. C1 Minutes December 17, 1996 005 Item 19 on the Agenda was a proposed Resolution entitled: "A RESOLUTION ACCEPTING THE COMPLETED WEST MARKHAM CORRIDOR STUDY." The Resolution was deferred until February 4, 1997, upon a motion by Director Sharp, which was seconded by Director Hinton, and unanimously adopted by the Board Members present. (NOTE: Mayor Dailey recused on Item 20 (Waffle House) because his brother -in -law works with the Realtor.) A public hearing had been set for this time and place on the appeal of the Planning Commission's denial of the application to rezone 4942 West Markham Street (Z -591 - Waffle House) from "0-3" General Office District to "C -3" General Commercial District. The appeal was filed on September 12, 1996, by Attorney Sam Hilburn on behalf of Randall E. Smyly/Waffle House, and on October 15, 1996, a motion was adopted to set the public hearing for November 7, 1996. However, on November 7, 1996, a motion was adopted to defer the public hearing until December 17, 1996. (See Minutes of October 15, 1996 [pg. 11; November 7, 1996 [pg. 71, and December 3, 1996 [pg. 61.) (Note: The Waffle House PD -C was withdrawn from the Agenda on April 16, 1996 for an eight (8) month period of time with 124j Sri ;c_,) Vice Mayor Adcock declared the public hearing open at 8:45 o'clock P.M. (Director Kumpuris re- enrolled at 8:50 o'clock P.M.) Mr. John Graves, President of the Hillcrest Residents Association, spoke in opposition to the Waffle House rezoning application. Also speaking in opposition were Mike Shrader, Leah Newman, Ruth Bell, Jay Atkins, Paul Crawford, Jim Vandenberg, George Wimberly and Dot East. Speaking in support was Mr. Sam Hilburn, attorney for the Waffle House. Mr. Hilburn said the property should be rezoned to "C -3" because it is not residential property. The study that was done said this property should be commercial. Waffle House is a good corporate citizen. The noise problems are created by the commercial garbage collectors, not by Waffle House. At 9:09 o'clock P.M. Vice Mayor Adcock declared the public hearing closed and the proposed Ordinance was presented, with the title being: AN ORDINANCE TO RECLASSIFY 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 -591 -C - To rezone 4942 West Markham Street from 110-3" General Office District to "C -3" General Commercial District for Waffle House Restaurant.) and the Ordinance was read the first time. There was a motion by Director Joyce 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 nine 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 Keck, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the third and last time. City Attorney Tom Carpenter requested a two minute staff presentation before the vote, since this matter is in litigation. Mr. Jim Lawson, Director of Planning and Development, stated this request is not a Waffle House. It is a straight "C -3" request and there are over 90 uses that can be allowed in "C -3 ". The Land Use Plan does not support "C -3" and staff recommends denial. 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, and Kumpuris - total 8; Voting Present - Vice Mayor Adcock - total 1; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, Vice Mayor Adcock announced that the Ordinance had FAILED. Director Hodges moved for the "clincher" and Director Sharp seconded the motion, which was unanimously adopted. Therefore, the rezoning of 4942 West Markham cannot be reconsidered unless two- thirds of the members of the Board of Directors vote to do so. The clincher expires six months from date of vote. (Mayor Dailey re- enrolled at 9:15 o'clock P.M.) VA W Minutes December 17, 1996 Introduced next was Ordinance No. 17,337, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT COMMERCIAL TITLED HUMANE SOCIETY OF PULASKI COUNTY PD -C (Z -6165) 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 LOCATED AT 14600 COLONEL GLENN ROAD. (NOTE: This item was deferred from November 7, 1996 as requested by the applicant; Ordinance was read three times on November 19, 1996 but vote was deferred until December 3, 1996, and deferred again until December 17, 1996.) Mr. Jim Lawson, Director of Planning and Development, stated that staff recommends approval of the PD -C. The main issue from the staff standpoint is that the Humane Society exists there now and there is a traffic problem, a sewage problem with animal waste, and a noise problem. The applicant wants to clean up the property and try to update the Humane Society facility. The first speaker in opposition to the PD -C was Mr. Steve Engstrom, who stated that at the last meeting the Board of Directors asked the Humane Society to meet with its Board to discuss the option of using other property it owns. Mr. Todd Hickingbotham, President of the Humane Society, said the Board had met and chose to continue to try to proceed with the PD -C at this location. He explained the problems with the current facility concerning noise, sewage pollution, traffic and the overbuilding of the lot. The current facility has 44 outside dog runs and the dogs are outside 24 hours a day 7 days a week, and they can't do anything about the noise. The new facility will not have any outside runs. Mr. Hickingbotham submitted to the City Clerk a folder of petitions with 1400 signatures in support of the Humane Society building a new shelter at its present location at 14600 Colonel Glenn Road. Mr. Wes Louder of Mehlburger Engineers explained how he had met with the opponents on numerous occasions and tried to resolve the 23 issues they presented. Mr. Louder and Mr. Hickingbotham responded to questions by Board Members. Mr. Hickingbotham said the Humane Society has not yet received title to the 200 acres that Mr. Engstrom referred to as a possible location for the Humane Society. Ms. Jill Sanders spoke in support of the PD -C, and there were a number of supporters in attendance. Mr. Engstrom asked those in opposition to stand. Mr. Engstrom stated this is too small a piece of land for a facility with 39 outdoor dogruns and a residential area is not an appropriate place to put an animal shelter with outdoor dogruns. He discussed a number of issues and disputed many of the statements made by the Humane Society. Others speaking in opposition were Dr. Marilynn Baeyens and Dr. Dennis Baeyens. Following the lengthy discussion and comments from City Directors Kumpuris, Hodges, Joyce, Mason and Sharp, a roll call vote was taken on passage of the Ordinance as recorded: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Adcock and Mayor Dailey - total 6; Noes - Directors Hinton, Hodges, Mason, and Kumpuris - total 4; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,338, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENT REQUIREMENTS FOR HUMANE SOCIETY OF PULASKI COUNTY, LONG FORM PD -C (Z -6165) LOCATED AT 14600 COLONEL GLENN ROAD; (NOTE: Since this Ordinance was a companion to the Humane Society PD -C it was also deferred from November 7, 1996, November 19, 1996, and December 3, 1996.) and 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 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 0 Minutes December 17, 1996 507 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 Keck, Joyce, Wyrick, Sharp, Adcock and Mayor Dailey - total 6; Noes - Directors Hinton, Hodges, Mason, and Kumpuris - total 4; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by a motion adopted December 3, 1996, on the appeal of the Planning Commission's approval of a Conditional Use Permit for Our House, located in the old VA Hospital facility at 302 East Roosevelt. The appeal was filed by Mrs. Nellie Leonard, President of East Broadway Neighborhood Association. Mayor Dailey declared the public hearing open at 10:55 o'clock P.M. City Attorney Tom Carpenter stated the appeal is not properly before the Board because the notices were not sent by certified mail. The notices were sent by the City Manager's Office to a much larger group than required, but the Ordinance requires that the appellant send notice by certified mail to the interested parties and those that appeared at the Planning Commission hearing. Assistant City Manager Cy Carney explained that at the request of Mrs. Nellie Leonard and Vice Mayor Adcock, his office sent out the notices to those on the list he was given, but he had no direction that they were to be sent by certified mail, nor was he told this was an official notice. Mr. Rodger Lecy, 2411 Scott Street, said he first knew about the Our House proposal the day before this meeting. Our House had not notified him of the issue before the Planning Commission, and he was strongly opposed to it. Mr. Lawson explained that property owners within 200 feet of the facility were to be notified and apparently Mr. Lecy was outside the 200 feet. Director Wyrick stated that staff had determined that the notice should be sent to those within 200 feet of the Our House property, as opposed to the VA Hospital since Our House does not own all of the VA property. Upon question by Mayor Dailey how the public hearing can proceed, Mr. Carpenter stated that if Our House offers no objection to the public hearing, the Board can proceed with the public hearing. Mr. Joe Flarherty, Director of Our House, stated Our House has a six year lease on the building but the Conditional Use Permit is necessary to get a deed which is needed in order to build a new building. The big building is west of this property. Mr. Flarherty then waived the notice requirement, so that the public hearing could proceed. Mr. Joe Kaufman, President of the Board of Directors of Our House, explained the operation of Our House and answered questions. He said Our House has 4 acres completely fenced with 24 hour guards and the only access is Roosevelt Road. It does not feed directly into a neighborhood. Mayor Dailey stated that Mrs. Nellie Leonard, the appellant, could not be present for the public hearing because she had to work, but had concerns that many of the people housed at Our House had been adjudicated or had criminal records. Mr. Joe Flarherty said this is federal property and is required to be drug and alcohol free. Mr. Roger Lacy, 2411 Scott Street, spoke in opposition to the Conditional Use Permit, stating the old VA Hospital is not the appropriate place for Our House and it is not a positive contribution to the community. At the suggestion to delay this to give Our House officials opportunity to work with the community, Mr. Jim Lawson, Director of Planning and Development, stated that this is a Conditional Use Permit approved by the Planning Commission, which has been appealed. Our House is trying to get a grant for the new building and if this is delayed, Our House will not get the grant. Mayor Dailey declared the public hearing closed at 11:20 o'clock P.M., and Director Adcock moved for the adoption of the proposed Resolution, entitled: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT FOR A SHELTER (TRANSITIONAL AND EMERGENCY HOUSING) FOR OUR HOUSE TO BE LOCATED AT 302 EAST ROOSEVELT ROAD. (Z- 5239 -C) No one seconded the motion; therefore, the motion failed for lack of a second. and the Resolution was not adopted. 1