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HomeMy WebLinkAbout09-01-98256 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas September 1, 1998 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kelly and Adcock - total 8; Absent - Directors Wilson and Kumpuris - total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings are recorded as follows. The Invocation was given by Director Hinton followed by the Pledge of Allegiance. There was a motion by Director Adcock to add to the Agenda the Resolution to support the Hardscramble Community application for water service, as listed on the Agenda Modifications. The motion was seconded by Director Hinton and unanimously adopted. (See Resolution No. 10,233 below.) There was a presentation by Dr. Pete Sieler, Superintendent of the Arkansas School for the Deaf, who thanked the City of Little Rock for allowing the Arkansas School for the Deaf the use of the Little Rock Zoo for Zoo School. He showed pictures of what the students have done at Zoo School. (Director Kumpuris enrolled at 6:10 o'clock P.M.) Directors Adcock and Hinton presented plaques to Code Enforcement Officers Jeffrey Snodgrass and Fletcher Smith for their efforts in saving the life of a woman who was in a coma. Supervisor Sheila Reynolds explained that Mr. Snodgrass and Mr. Smith were making routine inspections at Quail Valley Apartments on Baseline Road when they found the lady slumped over in her wheelchair and provided assistance until MEMS arrived. Mayor Dailey recognized members of Boy Scout Troop 99, who were in attendance. Dr. Bobby Roberts, Executive Director of the Central Arkansas Library System, made a presentation regarding Constitutional Amendment 4 on the ballot for the November 3, 1998 General Election. Dr. Roberts stated the proposal to abolish local property taxes strikes at the very heart of local government. Should the amendment pass, the Central Arkansas Library System will close down on January 1, 1999, and the library bonds would be in default. Following Dr. Roberts presentation, Director Kumpuris moved to add to the Consent Agenda a Resolution against the proposed amendment to abolish ad valorem property taxes. The motion was seconded by Director Hodges, and unanimously adopted. (See Resolution No. 10,345 below.) City Manager Cy Carney noted that the abolishment of property taxes would also devastate both the Fire and Police Pension Funds. There would also be other dramatic impacts. 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 May 5, 1998; the reconvened meeting held May 12, 1998; the regular meeting held May 19, 1998; and the special meeting held May 29, 1998. Minutes September 1, 1998 257 (2) Resolution No. 10,339, entitled: A RESOLUTION TO AMEND RESOLUTION NO. 10,135 (NOVEMBER 18, 1997) TO EXTEND THE MORATORIUM ON DEMOLITIONS WITHIN THE CAPITAL ZONING DISTRICT UNTIL NOVEMBER 30,1998. (3) Resolution No. 10,340, described as: A RESOLUTION ENDORSING THE CITY'S APPLICATION TO THE ARKANSAS ECONOMIC DEVELOPMENT FUND FOR THE LITTLE ROCK PORT'S INTERMODAL CONTAINER YARD. (4) Resolution No. 10,341, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO 3M CORPORATION FOR REFLECTIVE ARROW AND LEGEND MATERIALS FOR THE TRAFFIC CONTROL DIVISION OF THE PUBLIC WORKS DEPARTMENT. (Not to exceed $64, 493. S8) (5) Resolution No. 10,342, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO 3M CORPORATION FOR REFLECTIVE SIGN SHEETING MATERIAL FOR THE TRAFFIC CONTROL DIVISION OF THE PUBLIC WORKS DEPARTMENT. (Not to exceed $95,701.76.) (6) Resolution No. 10,343, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 64, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS. (September 15,1998) (Addendum 1) Resolution No. 10,344, with the titled being: A RESOLUTION TO SUPPORT THE HARDSCRAMBLE COMMUNITY APPLICATION FOR WATER SERVICE. (Mt. Zion Suburban Improvement District - Mt. Zion Community in rural Pulaski and Saline Counties.) (Added to Consent Agenda) Resolution No. 10,345, entitled: A RESOLUTION AGAINST THE PROPOSED AMENDMENT TO ABOLISH AD VALOREM PROPERTY TAXES; AND FOR OTHER PURPOSES. (Constitutional Amendment No. 4 on the November 3, 1998 ballot.) Upon a motion and second by Directors Adcock and Joyce, respectively, the Consent Agenda was adopted by unanimous voice vote. (Rev. Alexander thanked the Board for adopting Resolution No. 10,344 in support of the Hardscramble application for water service.) City Manager Cy Carney explained the new timing device for those addressing the Board. (However, the system malfunctioned so it was not used during the meeting.) At the time allotted for Citizen Communications, the first speaker was Mr. Michael Schrader, who addressed the Board regarding the attitude of some City employees. A crew was putting out tubes to count cars on his street and he wanted to know who asked for a traffic count. The response by one of the employees was: "I don't kri&:v and ifI did I wouldn't tell you because you don't need to know." Mr. Schrader went to various City departments before he finally found out the City Director for Ward 2 was the one that requested the traffic count in response to a request from Mr. Schrader. Mr. Schrader said the City needs to improve the communication between City staff and citizens. 2 258 Minutes September 1, 1998 The next speaker during Citizen Communications was Mrs. Pam Adcock who spoke about the flood study that needs to be conducted for the Cloverdale Neighborhood Association area (in order to lower flood insurance rates for residents). There are 50 to 75 people that are still paying large amounts for flood insurance, even though the drainage construction project has been completed. She asked the Board to find $30,000 to complete the study. Also speaking during Citizen Communications was Mr. Robert Phillips, who said he came to the Board three years ago with a complaint about the Little Rock Police Department, and the Little Rock Police Department now has a vendetta against him. He said that he protested at the Police Department with signs saying that the way they treat blacks was not right. In Little Rock if you are black then you are guilty until you prove yourself innocent. He said he was arrested, booked, and had to post a $25,000 bond due to a false sworn affidavit. His life has been totally disrupted. Director Kumpuris asked Mr. Phillips to provide a transcript of the tape he said he had of his conversation with the Police Officer. Mrs. Kay Carpenter introduced Mark Carpenter (son of City Attorney Tom Carpenter), who read a prepared statement regarding his idea about constructive change to our educational system. He suggested schools should offer classes in two sessions - morning and afternoon - and students could choose which session to attend based on when they have the best chance to concentrate on learning. He said the Board of Directors, as leaders of this city, can focus and encourage the rebuilding of our public schools as an essential element of making Little Rock one of the most attractive places to live in the U.S. Consideration was given to Item 8 on the Agenda, being Ordinance No. 17,801 entitled: AN ORDINANCE TO PLACE ON THE NOVEMBER 3, 1998 GENERAL ELECTION BALLOT THE QUESTION OF DECREASING THE ANNUAL AD VALOREM TAX LEVY FOR CAPITAL IMPROVEMENTS FOR THE CITY'S PUBLIC LIBRARIES FROM ONE AND NINE TENTHS (1.9) MILLS TO ONE (1) MILL; SAID NEW AD VALOREM TAX TO BE PLEDGED TO AN ISSUE OR ISSUES OF BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS, ISSUED UNDER AMENDMENTS NO. 30 AND NO. 72 TO THE CONSTITUTION OF THE STATE OF ARKANSAS AND ACT 920 OF 1993, NOT TO EXCEED $19,500.000, IN AGGREGATE PRINCIPAL AMOUNT, TO REFUND AN OUTSTANDING ISSUE OF CAPITAL IMPROVEMENT BONDS AND TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, AND EQUIPPING ADDITIONAL CAPITAL IMPROVEMENTS FOR THE PUBLIC CITY LIBRARIES OPERATED BY THE CITY OF LITTLE ROCK AND THE CENTRAL ARKANSAS LIBRARY SYSTEM, PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. Dr. Bobby Roberts, Executive Director of the Central Arkansas Library System, briefly explained the two proposals (see Ordinance No. 17,802 below), stating the first proposal asks voters to refinance the library's current bonded indebtedness by reducing the pledged millage from 1.9 mills to 1 mill. Payout would be extended from the year 2001 to 2013. This would net $12,000,000 for capital improvements and free up .9 mills for the second issue. The second proposal asks the voters to increase the library operations budget by applying the .9 mills released from the bond issue to running the system. The net impact will be zero. The rules were then suspended to provide for the second and third readings of the Ordinance by a unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. 3 Minutes September 1, 1998 25Q The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumparis, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was companion Ordinance No. 17,802, described as: AN ORDINANCE TO PLACE ON THE NOVEMBER 3, 1998 GENERAL ELECTION BALLOT THE QUESTION OF INCREASING THE TAX ON REAL AND PERSONAL PROPERTY IN THE CITY OF LITTLE ROCK FROM ONE AND EIGHT TENTHS (1.8) MILLS TO TWO AND SEVEN TENTHS (2.7) MILLS TO BE LEVIED AND COLLECTED FOR MAINTENANCE AND OPERATION OF THE PUBLIC CITY LIBRARIES OPERATED BY THE CITY AND THE CENTRAL ARKANSAS LIBRARY SYSTEM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See Dr. Bobby Roberts comments related to Ordinance No. 17,802 above) The roles were then suspended to provide for the second and third readings of the Ordinance by a unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Item 7 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 18 -103 TO PERMIT THE USE OF FIREWORKS WITHIN THE CITY LIMITS UNDER CERTAIN CONDITIONS; and the Ordinance was read the third time, having been read the first time on July 21, 1998, deferred from August 4, 1998, and read the second time on August 18, 1998 as amended. Mr. Michael Schrader spoke in opposition to the Ordinance. His problem was that we are delving into a gray area by putting conditions and once you start putting conditions you have to keep on making conditions. He asked the Board to either vote down the Ordinance as written or approve all fireworks. Mrs. Pam Adcock, President of the Cloverdale Neighborhood Association, spoke in opposition to the proposed Ordinance. She said the consensus of the Association was to leave the Code as it is but enforce it. Mr. Troy Laha also spoke in opposition to the fireworks ordinance. Mrs. Dottie Funk said that on any holiday there are fireworks going on in her backyard which is on the golf course. The use of fireworks was brought to a horrible conclusion two years ago when a young man tried to create a homemade firework which went off in his hand and blew off his hand. She felt all fireworks should be outlawed totally and completely except for those with permits from the City for special celebrations. Director Cazort, who sponsored the Ordinance, said he wanted to engender and create a lot of public comment, but his personal opinion was that everyone has abandoned this issue. He said this is a dangerous activity and we have an absolutely unenforceable ordinance. He had an inherent problem with calling such an activity criminal, even though we can't enforce it, when a large percentage of people are doing it, essentially to celebrate our nation's birthday. A roll call vote was then taken on passage the Ordinance, as amended, as follows: Ayes - Director Cazort and Mayor Dailey - total 2; Noes - Directors Hinton, Hodges, Keck, Joyce, Wyrick, Kumpuris, Kelly, and Adcock - total 8; Absent - Director Wilson - total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. 4 f 260 Minutes September 1, 1998 Item 10 on the Agenda was a public hearing which had been scheduled for this time and place by a motion adopted August 18, 1998, on the appeal of the Planning Commission's denial of the request to amend the Land Use Plan in the I -430 District from Mixed Office Commercial to Multi- Family for the property located on the west side of the 2100 block of John Barrow Road. The appeal was filed by Mr. Maury Mitchell in connection with Zoning Case Z -6506. Mayor Dailey declared the public hearing open at 7:15 o'clock P.M. Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, stating that the LUP approved in 1996 showed this as a Mixed Office and Commercial area. The neighborhood's desire was to have some commercial and office along Barrow Road that would relate to the medical facilities in the area. When this proposal first came in staff felt it could support the change in the LUP to multi- family because of the multi - family all around the area. However, when staff met with the neighborhood, the neighborhood representatives felt they did not want any more Multi - Family in the area along John Barrow, and since the plan is only two years old it should remain as an office /commercial area. After the Planning Commission denied the request to change the LUP, staff changed its recommendation and felt the LUP should not be changed and recommended that the zoning request not be approved. Mr. Lawson responded to questions by the Board. Speaking in support of request to change the Land Use Plan, Mr. Maury Mitchell of Rector Phillips Morse, representing the property owner, said the owner has received six letters from adjacent property owners supporting the rezoning request. The request is for a minor change in the existing Land Use Plan. Until 1996 multifamily was recommended. There was no material reason for staff to change its recommendation. He felt staff had acted arbitrarily in the way it changed its recommendation. Mr. Mitchell said he had met with the Barrow Road group twice and the main issues raised were security and traffic. Mr. Chip Triplett, Park Development, Jackson, Mississippi, explained the selection of this site for the apartment units and said financing will be with tax exempt bonds which require them to offer affordable housing. He then responded to questions by Director Keck. Mr. Macie Reichstadt spoke in support of the LUP change, stating his mother has owned the property for fifty years. He believed this rezoning would add to the economy and provide good housing. Speaking in opposition were Carol Rudd, Betty Snyder, Ruth Bell and Bob Minick. Mrs. Rudd said there is a surplus of apartments in the area now and the rent is lower than what Mr. Triplett has quoted for his apartments. She urged the Board to stick with the Neighborhood Plan. Mrs. Snyder asked the Board to give the Neighborhood Plan a chance to work. Mrs. Bell, speaking on behalf of the League of Women Voters of Pulaski County, also asked the Board to give the Neighborhood Plan a chance to work. Mr. Minick, whose parents live across the street from the proposed project, said there were six property owners across the street from the project that were not notified of the proposed development. He was opposed also because of the ratio of multi - family to single - family already in the area. Mr. Mitchell made closing remarks, stating key reasons for approval are (1) it will provide quality available housing; (2) it is a quality development that would be occurring in an area that has been overlooked; (3) with this development other quality projects will occur in the John Barrow area also; (4) the site is completely surrounded by multi - family uses. In his opinion, there really is no land use issue. Mayor Dailey declared the public hearing closed at 8:00 P.M. There was no motion to consider the Ordinance. Therefore, no action was taken on the proposed Ordinance entitled: "AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -430 DISTRICT FROM MIXED OFFICE COMMERCIAL TO MULTI - FAMILY; AND FOR OTHER PURPOSES." (LU98- 11 -02) Item 11 on the Agenda was also a public hearing which had been scheduled for this time and place by a motion adopted August 18, 1998, on the appeal of the Planning Commission's denial of the request to rezone property on the west side of the 2100 block of John Barrow Road from "R -2" Single Family District to "MF -18" Multi - Family District. The appeal was filed by Mr. Maury Mitchell. Mayor Dailey declared the public hearing open at 8:00 o'clock P.M. (See discussion on related Item 10 above) With no one speaking on the issue, Mayor Dailey declared the public hearing closed. There was no motion to consider the Ordinance, therefore no action was taken on the proposed Ordinance described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, 5 Minutes September 1, 1998 261 AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES." (Z -6506 - To rezone property on the west side of the 2100 block of John Barrow Road from "R- 211 Single Family District to "MF -18" Multi- Family District.) Item 16 on the Agenda was a proposed Ordinance described as: "AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY REQUIREMENTS FOR MAGNOLIA PARK APARTMENTS (Z -6506) LOCATED NORTH OF MORRIS MANOR STREET ON BARROW ROAD." Public Works Director Chandra Russell stated that the waiver was related to the two zoning appeals filed by Mr. Maury Mitchell regarding LU98 -11 -02 and Z -6506 (Items 10 and 11 above), and since no action was taken on those two proposed Ordinances, the waiver was a moot issue and no action was required. At 8:02 P.M. Mayor Dailey declared at ten minute recess. The Board of Directors reconvened at 8:22 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Wilson was absent.) The next presentation was Ordinance No. 17,803, with the titled being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - RESIDENTIAL TITLED MARVIN GARDENS SHORT -FORM PD -R (Z- 2457 -B) LOCATED AT THE EAST END OF OHIO STREET AT THE NORTH END OF FLORIDA AVENUE 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. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,804, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - INDUSTRIAL TITLED CONCERT STAGING LONG -FORM PD -I (Z- 4790 -A) LOCATED AT 9823 HILARO SPRINGS ROAD 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. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. 6 262 Minutes September 1, 1998 Introduced next was Ordinance No. 17,805, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED DAVIS OFFICE PARK LONG -FORM POD (Z -6504) LOCATED AT THE END OF TALLEY ROAD, SOUTH OF COLONEL GLENN ROAD AND IMMEDIATELY EAST OF INTERSTATE 430 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. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,806, with the title being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED THE MANOR HOUSE SHORT -FORM PRD (Z -6518) LOCATED AT 2400 BROADWAY IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,807, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -30 DISTRICT FROM SINGLE FAMILY TO INDUSTRIAL; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,808, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE GEYER SPRINGS EAST PLANNING DISTRICT FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and twu- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. 7 Minutes September 1, 1998 266 The next presentation was Ordinance No. 17,809, 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; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,810, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CHENAL PLANNING DISTRICT FROM SINGLE FAMILY TO MULTI FAMILY AND FROM MULTI FAMILY TO SINGLE FAMILY; AND FOR OTHER PURPOSES; (Re: Z -6532 - East of Chenal Valley Drive between Perimeter Road and Rahling Road, and west of Rahling Road south of Pebble Beech Drive.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,811, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6532 - To rezone two tracts totaling 24.7+ acres located on the east side of Chenal Valley Drive north of Rahling Road and on the west side of Rahling Road south of Pebble Beach Drive.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,812, 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 IMPROVEMENTS FOR CONCERT STAGING LOCATED AT 9823 HILARO SPRINGS ROAD; and the Ordinance was read the first time. Director Adcock noted that staff had recommended denial, but this business is doing exactly what she would like every business to do - expanding and hiring additional employees. Mr. Jerry Fitzpatrick said 8 264 Minutes September 1, 1998 Concert Staging is a 20 year business in southwest Little Rock and the company is expanding its business and will create eight to ten additional jobs in southwest Little Rock. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, 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. 17,813, entitled: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH GARVER ENGINEERS FOR PLATEAU DITCH ENGINEERING STUDY AND PHASE I CONSTRUCTION, A 1998 REVENUE BOND PROJECT; (Appropriating $400,000; contract not to exceed $42,460) and the Ordinance was read the first time, having been deferred from August 18, 1998. Mr. Michael Schrader stated he lives at the end of Plateau Street and he heard nothing about this project until he read it on the Agenda. About two years ago his neighborhood asked the Public Works Department for a cost estimate to cover a ditch south of Capitol Avenue. The response was that the City would not cover the ditch because that would start a precedent. Mr. Schrader said it was important that the neighborhood know what is being planned, particularly if it is covering a ditch. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,814, described: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE ARCH STREET PLANNING DISTRICT FROM SINGLE FAMILY AND PARK/OPEN SPACE TO COMMERCIAL AND PARK OPEN SPACE AND FROM SINGLE FAMILY TO COMMERCIAL; AND FOR OTHER PURPOSES. (Arch Street Pike and Dixon Road.) Mr. Jim Lawson, Director of Planning and Development, made a brief staff presentation, stating this is a case that came before the Board some time ago in order to get sewer service for England Acres. The Board ask the Planning Staff to extend its extraterritorial planning and zoning jurisdiction for the area. That has been done. Some concerns were expressed at the Planning Commission about having a commercial area so close to England Acres. As a compromise, there will be a 75 foot open space strip along the northern end of the property, so that the area that abuts the residential would have the buffer. The neighborhood would prefer not to have this as commercial but this is an arterial and collector street intersection. Also the City asked the applicant to go through this process and he has worked with staff for several months. Staff feels like the 75 foot buffer strip is a good compromise. The applicant would be required to build a wooden fence because this abuts residential property. Mr. Robert McFarlane, representing the owner, spoke in support of the Ordinance. Mr. Ananias Alexander, 9902 Dobby Drive, President of England Acres Neighborhood Association, spoke in opposition, stating this was initially zoned residential and the Association wanted to keep it that way. Commercial buildings would depreciate the value of the residential property in England Acres and would also create traffic problems. Responding to a question by Director Adcock, Mr. Lawson stated that England Acres was developed before the requirement for pre - annexation agreements to obtain water and sewer service. In response to a comment by Mr. Alexander regarding the fence, Mr. Lawson stated the applicant would be required to put up a six (6) foot fence at the 75 foot line between the open space and his parking 9 Minutes September 1, 1998 265 lot or building. In a short time the open space would grow up again to be left alone. Following the lengthy discussion, the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 8; Noes - Directors Joyce and Adcock - total 2; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Resolution No. 10,346, described as: �- A RESOLUTION OF THE CITY OF LITTLE ROCK TO EXPRESS THE INTENT TO ZONE THE NORTHEAST CORNER OF ARCH STREET PIKE AND DIXON ROAD WITHIN THE LITTLE ROCK PLANNING JURISDICTION. Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Keck, and the Resolution was adopted by a voice vote of 8 ayes, 2 noes (Directors Joyce and Adcock), and 1 absent (Director Wilson). The next presentation was Ordinance No. 17,815, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE PLANNING JURISDICTION OF 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 -6535 - To rezone property located at the northeast corner of Arch Street Pike and Dixon Road from Unclassified to "C -3" General Commercial District.) and the Ordinance was read the first time. (See Ordinance No. 17,814 and Resolution No. 10,346 above) The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 8; Noes - Directors Joyce and Adcock - total 2; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. (Director Adcock said her no vote was not against the commercial use, but because she did not believe this neighborhood has had the input and conversation it should have) Mayor Dailey announced that the applicant, Jim Hathaway, has requested that Item 21 (LU98- 12 -04) be deferred until September 15, 1998. Therefore, no action was taken on the proposed Ordinance described as: "AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE 65TH STREET DISTRICT FROM SINGLE FAMILY AND NEIGHBORHOOD COMMERCIAL TO SERVICE TRADE DISTRICT AND PARK/OPEN SPACE; AND FOR OTHER PURPOSES." (Area bounded by Stagecoach, Herndon, Lanehart and McPhearson Roads) Consideration was then given to Ordinance No. 17,816, 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 COLLEGE STATION COMMUNITY COMPLEX AT SOUTHEAST CORNER OF FRAZIER PIKE AND COLLEGE STREET; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - 10 266 Minutes September 1, 1998 Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 10,347, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO NATHANIEL SAINE CONSTRUCTION COMPANY, INC. TO CONSTRUCT THE EAST LITTLE ROCK ALERT CENTER AT 2600 EAST 6TH STREET. (Not to exceed $74,500) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted by the Board Members present. A public hearing had been scheduled for this time and place on the issuance and sale of Capital Improvement Revenue Bonds for the purpose of funding the acquisition and construction of street and drainage improvements in the City of Little Rock. Mayor Dailey declared the public hearing open at 9:00 o'clock P.M. No one had registered to speak on the issue. Therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 17,817 was presented, with the title being: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CAPITAL IMPROVEMENT REVENUE BONDS FOR THE PURPOSE OF FUNDING THE ACQUISITION AND CONSTRUCTION OF STREET, SIDEWALK, CURB, GUTTER, DRAINAGE AND OTHER RELATED INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF LITTLE ROCK, ARKANSAS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE AND A SUPPLEMENTAL TRUST INDENTURE; AND PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (For Infrastructure Projects.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson- total 1. The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Resolution No. 10,348, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GENERAL CONSTRUCTION SERVICES, INC. FOR THE ASBESTOS ABATEMENT OF THE OLD LIBRARY AT 700 LOUISIANA STREET FOR THE DEPARTMENT OF LABOR GRANT WELFARE -TO -WORK CENTER. (Not to exceed $124,273) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted by the Board Members present. 11 Minutes September 1, 1998 267 The next presentation was Ordinance No. 17,818, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 2- 243(a)(2) (1998) TO ADD ADVERTISING DESIGN AND CONSULTATION SERVICES TO THE LIST OF PROFESSIONAL SERVICES; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on August 18, 1998. The rules were suspended for provide for the third and final reading of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. At 9:12 P.M. City Manager Cy Carney made his Activity and Project Report, regarding employee health care benefits request for proposals; Parks and Recreation Project summary, crime update, and College Station sanitary sewer system. At 9:13 o'clock P.M. the Board of Director recessed to Executive Session to consider appointments to various Boards and Commissions. The Board reconvened at 10:35 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Adcock and Wilson were absent.) Resolution No. 10,349 was introduced, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE CENTRAL ARKANSAS TRANSIT AUTHORITY, MACARTHUR MILITARY HISTORY MUSEUM COMMISSION, AND THE SISTER CITIES COMMISSION. (CATA - Jennifer Love appointed; MacArthur Military History - Larry Garner appointed, Sister Cities - Barbara Graves appointed.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted by the Board Members present. The last presentation was Resolution No. 10,350, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE COMMUNITY HOUSING ADVISORY BOARD. (B. J. Bowen, Steve Bradley, Howard Hanson, Gerry Nash, Robert Pruitt, Carlos Nash.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted by the Board Members present. Mayor Dailey announced that the Board did discuss Airport Commissioner Perlesta "Les" Hollingsworth, but no action was taken. (Mr. Hollingsworth's law license was suspended for six months after a judge found he had knowingly diverted a client's trust fund for his own use) City Attorney Tom Carpenter said he had been informed that the Pulaski County Prosecuting Attorney's Office is seeking an Attorney General's Opinion as to the legality of the City's "hot check" program. Mr. Carpenter asked if the Board would like for him to also seek an Attorney General's opinion as to the Supreme Court cases that uphold these Ordinances. The Board advised Mr. Carpenter to proceed. 12 f 268 Minutes September 1, 1998 There being no further business to be presented, the Board of Directors adjourned at 10:40 o'clock P.M. to meet again in regular session on Tuesday, September 15, 1 998, at 6:00 o'clock P.M. ATTEST: W&U24qL City Clerk Robbie Hancock 13 d PROVED; ayor Jim Dailey