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HomeMy WebLinkAbout04-20-99431 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 20, 1999 — 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kelly, and Adcock - total 9; Absent - Director Kumpuris - total 1. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Hinton, followed by the Pledge of Allegiance. Director Keck moved to add to the Agenda the items listed on the Agenda Modifications to be considered immediately following the Consent Agenda. Director Hinton seconded the motion, which was unanimously adopted by the Board Members present. (See Resolutions No. 10,528 and 10,529 and Ordinances No. 17,983 and 17, 984.) Mayor Dailey acknowledged members of Girl Scout Troop 754, who were attending the meeting. (Director Kumpuris enrolled at 6:08 o'clock P.M.) The first presentation was National Week of the Child by the Nathaniel Hill Community Day Care Center. Mr. Wendell Jones, Director of General Services, explained that April 18, 1999 through April 24, 1999, is National Week of the Young Child and the purpose is to create an opportunity to educate the community and parents on the importance of providing a wholesome learning environment for young children. He then introduced Ms. Katherine Donald, Administrator of the Nathaniel Hill Community Day Care Center. Children from the Nathaniel Hill Community Day Care Center sang a song: "The Board of Directors Are Friends of Ours. " The children had made personalized note pads which they presented to the Board Members as "thank you" gifts. Miss Shannon Jeffrey, Executive Director of the River Market, and Dean Morrow, Operations Manager of the Farmers Market, presented Board Members with gift baskets of items from the Farmers Market in appreciation for the Board's support. On May 1, 1999, the Farmers Market will have its official grand opening for Tuesdays and Saturdays and will celebrate its 25"' year in downtown Little Rock. Mayor Dailey read a proclamation which proclaimed Saturday and Sunday, May 1 and 2, 1999, as Disaster Area Volunteer Days in the City of Little Rock and urged citizens to join in assisting in the cleanup of the neighborhoods hit by the January 21, 1999 tornado. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors reconvened meeting held December 8, 1998, the regular meeting held December 15, 1998, and the reconvened meeting held December 22, 1998. 1 432 Minutes April 20, 1999 (2) Resolution No. 10,524, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO SMEAL APPARATUS COMPANY IN THE AMOUNT OF $277,735.00 FOR THE PURPOSE OF ONE (1) TRIPLE COMBINATION FIRE PUMPER TRUCK FOR THE LITTLE ROCK FIRE DEPARTMENT. (3) Resolution No. 10,525, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO HEAVYQUIP OF ARKANSAS IN THE AMOUNT OF $51,489.14 FOR RECONDITIONING AN 892 JOHN DEERE BACKHOE FOR PUBLIC WORKS LANDFILL. (4) Resolution No. 10,526, with the title being: A RESOLUTION TO ALLOW CONTINUED TIME FOR THE CREATION OF A SOUTH UNIVERSITY AVENUE REDEVELOPMENT DISTRICT FROM INTERSTATE -30 TO ASHER AVENUE; AND FOR OTHER PURPOSES. (Not to exceed 12 months) (5) Resolution No. 10,527, entitled: A RESOLUTION AUTHORIZING THE LITTLE ROCK FIRE DEPARTMENT TO PROVIDE FIRE SERVICE FOR ONE YEAR TO CERTAIN BUSINESSES OUTSIDE THE CITY OF LITTLE ROCK. (Koch Materials, Levi - Strauss, Sharper Image, Siemens Energy & Automation, and Wildwood Park.) Upon a motion and second by Directors Adcock and Keck, respectively, the Consent Agenda was adopted by unanimous voice vote. Item 1 on the Agenda Modifications was then introduced, being Resolution No. 10,528, described as: A RESOLUTION AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF INDUSTRIAL FACILITIES WITHIN THE CITY OF LITTLE ROCK, ARKANSAS TO BE LEASED TO ACXIOM CORPORATION PURSUANT TO THE AUTHORITY OF THE LAWS OF THE STATE OF ARKANSAS, INCLUDING PARTICULARLY AMENDMENT 65 TO THE ARKANSAS CONSTITUTION AND THE MUNICIPALITIES AND COUNTIES INDUSTRIAL DEVELOPMENT REVENUE BOND LAW; (First facility to be located between 3rd and 4th, Ferry and Commerce Streets — 500 East Third Street.) Following the reading of the Resolution, Mr. Charles Morgan, Acxiom Chief Executive Officer, explained the proposal to locate its facility in the River Market Area. It will eventually house 700 Acxiom associates and will be a 12 story building with a secured parking deck below. The construction time will be approximately 22 months and will begin in approximately two months. Director Adcock then moved to adopt the Resolution. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted. Item 2 on the Agenda Modifications was Resolution No. 10,529, with the title being: A RESOLUTION OF INTENT TO SPECIFY HOW REVENUES COLLECTED FROM THE ONE QUARTER (1/4 %) PERCENT SALES TAX WILL BE EXPENDED; AND FOR OTHER PURPOSES. 2 433 Minutes April 20, 1999 Speaking in support of the '/4 percent sales tax proposal were Mrs. Mary Worthen — Mt. Holly Cemetery; Ms. Renay Dean - Museum of Discovery Board of Trustees; Charles King - Director of the Arkansas Regional Minority Supplier Development Council; Mrs. Eliza Ashley — Black Heritage (EMBOA); Terry Dennis — Artistic Director of River City Players, a non - profit theatre group that needs an affordable place to perform such as the proposed renovated West Side Junior High School Auditorium; Ms. Ernie Dodson — Museum of Black Arkansans (EMBOA); Bob East — President of the Downtown Partnership; and Jon Dodson. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Cazort and the Resolution was adopted by a voice vote of 10 ayes and 1 no (Director Wyrick). Item 3 on the Agenda Modifications was introduced next, being Ordinance No. 17,983, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 16,730 (AUGUST 16, 1994), CODIFIED AS LITTLE ROCK, ARK., REV. CODE SECTION 2 -281 TO -284 (1988) TO PROVIDE FOR THREE ADDITIONAL AT- LARGE COMMISSION POSITIONS IN THE PLACE OF THE HIGHER EDUCATION POSITION, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES POSITION, AND THE PARENTS OF CITY STUDENTS POSITION; AND FOR OTHER PURPOSES; (Re: Education Commission.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. The next presentation was Item 4 on the Agenda Modifications, being Ordinance No. 17,984, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ADA CONSULTANT SERVICES WITH GASKIN, HILL, NORCROSS; DECLARING AN EMERGENCY; 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey - total 11; Noes - None; Absent — None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Consideration was then given to Ordinance No. 17,985, 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 SUBDIVISION ORDINANCE REQUIREMENTS FOR OAKS OF CHENAL PD -R (Z- 5588 -C); ( Chenal Parkway at Chenal Club Blvd.) and the Ordinance was read the second time, having been read the first time on April 6, 1999. The rules were suspended to provide for the third and final reading of the 3 434 Minutes April 20, 1999 Ordinance by unanimous vote of the Board Members present, being eleven 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, Lichty, Cazort, Keck, Stewart, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 10; Noes — Director Wyrick- total 1; Absent — None. Therefore, the Ordinance was declared PASSED. Items 7 through 11 on the Agenda were amendments to the Land Use Plan in the Central City District and had been sent back to the Planning Commission on March 16, 1999. On April 6, 1999, the Board of Directors deferred action until April 20, 1999, because the Planning Commission was scheduled to consider these items at its meeting on April 15, 1999. Mr. Jim Lawson, Director of Planning and Development, stated the Planning Commission voted to accept the Plans as brought back to it. He then responded to questions by the Board. Mr. Tony Bozynski responded to a question by Director Adcock, stating this plan just reflects what the current zoning is in the Capitol Zoning District. The Capitol Zoning Commission has already reviewed the Central City Plan and endorses the idea of having a Land Use Plan that is compatible with the underlying zoning. The property within the Capitol Zoning District will still be zoned by the Capitol Zoning Commission. Mrs. Kathy Wells, Chair of the Committee for the Downtown Neighborhood's Plan for the Future that produced the document and these recommendations, urged the Board's adoption, stating these are not really changes, just recognition of what is actually there now. Director Lichty said his concern about all the amendments is that they encompass a fairly wide area of downtown Little Rock. At least two of these could potentially discourage the type of investment we are trying to encourage, specifically Item 7 (between 13`'' and 150', State and Broadway Streets) and Item 8 (between 15' Street and I -630, Park Lane and Rock Street). We really need to be encouraging multifamily for downtown and we need to be careful about shutting that door. Mr. Lawson explained that the area in Item 7 is almost all in the Capitol Zoning District and would not be zoned by the City of Little Rock. It is zoned "M" which is comparable to our "R -3" Single Family. Property owners were notified, and if any objected for any reason, that property was removed. The area in Item 8 is outside of Capitol Zoning. It is shown as single family to try to encourage more homes to be renovated or new homes built on vacant lots. The Ordinances were then presented. (See Ordinances No. 17,986 through 17,989 below.) Introduced next was Item 7, being Ordinance No. 17,986, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT FROM MULTIFAMILY TO LOW DENSITY RESIDENTIAL BETWEEN 13TH AND 15TH STREETS, STATE AND BROADWAY, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See discussion related to Items 7 through 11 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 eleven in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Cazort, Keck, Wyrick, Kelly, and Dailey — total 6; Noes — Directors Pugh, Lichty, Stewart, Kumpuris, and Adcock — total 5; Absent — None. Whereupon, the Ordinance was declared PASSED. Item 8 was a proposed Ordinance described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT FROM MIXED USE TO LOW DENSITY RESIDENTIAL BETWEEN 15TH STREET AND I -630, PARK LANE AND ROCK STREET; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See discussion related to Items 7 through 11 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 eleven in number and 4 Minutes 435 April 20, 1999 two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Cazort, Stewart, Wyrick, and Kelly — total 5; Noes — Directors Pugh, Lichty, Keck, Kumpuris, Adcock and Mayor Dailey — total 6; Absent — None. Whereupon, Mayor Daily announced the Ordinance had FAILED. The next presentation was Ordinance No. 17,987, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT FROM SINGLE FAMILY TO COMMERCIAL BETWEEN 17TH AND 19TH STREETS, EAST OF SCOTT STREET, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See discussion related to Items 7 through 11 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 eleven in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,988, with the title being: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CENTRAL CITY DISTRICT FROM COMMERCIAL, PUBLIC INSTITUTIONAL AND LOW DENSITY RESIDENTIAL TO MIXED USE BETWEEN 14TH STREET AND I -630, ALONG SCOTT STREET, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (See discussion related to Items 7 through 11 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 eleven in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,989, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 3711 -A; Z -6615; Z -6616; Z -6617; Z -6618 — To rezone various properties along the eastern boundary of the Governor's Mansion area and southern boundary of the MacArthur Park area from 11R -5" Urban Residential to "R -4" Two Family Residential; and the area along East 21" Street between Park Lane and Cumberland from "C -3" General Commercial to "114" Two Family Residential.) and the Ordinance was read the first time. (See discussion related to Items 7 through 11 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 eleven in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Director Adcock questioned whether the property described in Item 8 which failed would need to be deleted from this Ordinance. Whereupon, Director Keck moved to expunge the vote and 5 436 Minutes April 20, 1999 Director Adcock seconded the motion, which was unanimously adopted. Therefore, the vote was expunged. Director Lichty then stated that according to the map attached to the Ordinance the areas described in Items 7 and 8 were not contained in the Zoning Ordinance and no revisions were necessary. Therefore, another vote was taken on the passage of the Ordinance as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,990, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6392 — To rezone 9712 Mann Road from "C -3" General Commercial District to 11I -2" Light Industrial District.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,991, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6619 — To rezone 8424 Distribution Drive from "R -2" Single Family District to "I -2" Light Industrial District.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,992, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6630 — To rezone 2916 Welch Street from 11I -2" Light Industrial District to "R -3" Single Family District.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. G Minutes April 20, 1999 437 The next presentation was Ordinance No. 17,993, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE RIVER MOUNTAIN PLANNING DISTRICT FROM SINGLE FAMILY AND LOW DENSITY RESIDENTIAL TO MIXED OFFICE COMMERCIAL, OFFICE, MULTI - FAMILY AND PARK/OPEN SPACE; AND FOR OTHER PURPOSES; (NE corner of Black Road & Cantrell Road and north side of Cantrell between Wells & Josephine.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,994, with the title being: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -30 PLANNING DISTRICT FROM INDUSTRIAL AND MIXED COMMERCIAL INDUSTRIAL TO MIXED USE, PUBLIC, INSTITUTIONAL PARK/OPEN SPACE, LIGHT INDUSTRIAL AND COMMERCIAL; AND FOR OTHER PURPOSES. (LU99 -07 -01 — Various locations roughly bounded by 24th Street, Confederate Boulevard, I -440 and I -30.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,995, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -630 PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED USE; AND FOR OTHER PURPOSES; (LU99- 09 -01A - Area bounded by 10th Street, Lewis Street, 27" Street, and Oak 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,996, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -630 PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED USE; AND FOR OTHER PURPOSES; 7 • Minutes April 20, 1999 (LU99- 09 -01B - Area along 12th Street from Woodrow to Oak and at NE corner of 13" and Woodrow Streets.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,997, with the title being: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -630 PLANNING DISTRICT FROM SINGLE FAMILY TO PUBLIC INSTITUTIONAL; AND FOR OTHER PURPOSES; (LU99 -19 -02 - Pine Street between 17' and 18th Streets.) 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,998, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CHENAL PLANNING DISTRICT FROM OFFICE TO COMMERCIAL; AND FOR OTHER PURPOSES; (LU99 -19 -01 - Chenal Parkway east of Kirk Road.) and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and Development, responded to questions by Director Kelly and others. He explained the commercial development in the area and said there are a lot of development issues that can be worked through. The applicant is tying this down to his particular use — a higher income car dealership that would not generate a lot of traffic. Staff is not comfortable with just commercial, but this is changing the Land Use Plan from Office to Commercial with a Planned Zoning Development (PZD) required. Staff may or may not support the zoning reclassification when it is filed. Mr. Baker Kurrus, speaking on behalf of the Winrock Group, said Winrock is planning to move its Acura car dealership to this location. This will be a high quality car dealership that is sensitive to the neighbors. The rules were then suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, Pugh, and Mayor Dailey — total 10; Noes — Director Kelly — total 1; Absent — None. Therefore, the Ordinance was declared PASSED. 0 Minutes April 20, 1999 439 The next presentation was Ordinance No. 17,999, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED CRESTWOOD CORPORATE CENTER LONG -FORM POD (Z- 4403 -E) LOCATED ON THE WEST SIDE OF ALDERSGATE ROAD, APPROXIMATELY 1,300 FEET SOUTH OF KANIS 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 eleven 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, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Item 18 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CENTRAL CITY PLANNING DISTRICT FROM SINGLE FAMILY TO MIXED; AND FOR OTHER PURPOSES; (LU99 -08 -06 — Portion of block bounded by Roosevelt Road, Battery Street, 24`h Street and Wolfe Street.) and the Ordinance was read the first time. Mr. Jim Lawson, Director of Planning and Development, gave an overview of the proposal, stating there is a four -plex there now. It was zoned for an adult day care that never was built. The request is for a mixed use and staff supports it because the majority of the area is already zoned for office. The applicant wants to live in one unit, have a bail bonds office in one unit, and rent the other two units. The applicant will be required to come back with a Planned Unit Development (PUD) application. The issue that has arisen since the Planning Commission meeting is the type of office use. Mrs. Sylvia Tyler, 1922 Battery Street, spoke in opposition to the proposed change. She said the residents in the area are very much opposed to having a bail bonds office there. It is directly across the street from Mitchell Elementary School and would not be appropriate. She wanted it to stay residential. The applicant, Mrs. Lynda B. Charles, said her bail bonds office will deal mostly with records and will have less than 1% of clients come to the office. Most of the contact with clients is done at the jail. Director Keck asked that the Ordinance be left on first reading in order for the Central High Neighborhood Association to look at the request. He said the Board has said no to other home based businesses, but at some point the Board is going to have to deal with home based businesses. There was no motion to suspend the rules to provide for second reading; therefore, the Ordinance was left on the calendar for second reading on May 4,1999. At 8:10 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 8:30 o'clock P.M. with Mayor Dailey presiding and all Directors present. Item 25 on the Agenda was Resolution No. 10,530, entitled: A RESOLUTION TO ALLOW CONTINUED TIME FOR THE CREATION OF THE KANIS ROAD DESIGN OVERLAY DISTRICT STANDARDS; AND FOR OTHER PURPOSES. (No later than June 30, 1999) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Adcock and the Resolution was unanimously adopted. E 440 Minutes April 20, 1999 Item 23 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 LOT 1, BRADY HOME DEMONSTRATION CLUB ADDITION, LOCATED AT 8313 WEST MARKHAM STREET; and the Ordinance was read the first time. Public Works Director Chandra Wallar said the existing post office facility plans to expand its dock and add a canopy, which will require boundary street improvements. Additional right -of -way dedication will be needed on Markham and on Rodney Parham. Mr. David Taliaferro, speaking on behalf of the U.S. Postal Service Administrative Services, explained the Postal Service leases the property; therefore, it does not have the authority to dedicate right -of -way. The owner does not want to give up the right -of -way. The lease expires in 2010. Director Lichty asked if this could be handled through a deferral. Ms. Wallar said that traditionally the City does not defer dedication of right -of -way and was concerned that deferral of the right -of -way dedication would be setting a precedent. There are a substantial number of developments within the City where the developer is not the owner. Ms. Wallar said she would be willing to work with the applicant for a more confined right -of -way. A waiver goes with the land forever. Director Cazort asked City Attorney Tom Carpenter to prepare an Ordinance that would allow the granting of a waver for a specific improvement but would not run with the land and not forever bar future requirements of boundary street improvements. Mrs. Wallar said if there were some mechanism whereby the City would not give up its right to require right -of -way for future development, staff would not feel so strongly about this case. Director Adcock then moved to defer the second reading until April 27, 1999, to give Mr. Carpenter time to meet with Mrs. Wallar and try to work out something. The motion was seconded by Director Keck and unanimously adopted. Therefore, the Ordinance was left on the calendar for second reading on April 27, 1999. (Director Stewart was excused at 8:45 o'clock P.M.) Introduced next was Resolution No. 10,531, described as: A RESOLUTION TO APPROVE THE EXTENSION OF SEWER SERVICE TO A DEVELOPMENT IN THE CITY OF ALEXANDER, SALINE COUNTY, ARKANSAS; AND FOR OTHER PURPOSES. (Griffin- Leggett Funeral Home.) Responding to a question by Director Adcock, Mr. Jim Lawson stated this property is being annexed to the City of Alexander. Director Wyrick said this property will fall within Sewer Improvement District No. 142 and there will be a special assessment. Mr. Allen Smith of Mehlburger Engineers said they have been in contact with the assessor for SID 4142 and are aware of the fees. Since the City of Little Rock is selling water to Alexander, Director Wyrick wondered if this particular area was encompassed in the contract with the City of Alexander for water service and she wanted to be assured that if there is a water district special assessment that they will take care of it. Mr. Lawson said staff will check to see if this is part of the water district. Director Keck moved to defer the Resolution for one week. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the Resolution was deferred until July 27, 1999. Later in the meeting City Attorney Tom Carpenter asked the Board to expunge the vote because he had some language to add to the Resolution that would satisfy the applicant Griffin - Leggett Funeral Home and the Board. There was a motion by Director Cazort, seconded by Director Keck, to expunge the vote, and the motion was unanimously adopted. Director Keck then moved to amend Section 1 of the Resolution to add the phrase: 'provided the developer agrees to pay, and pays, any necessary tie -on costs and any necessary assessments for any water and sewer improvements districts in the area " as recommended by Mr. Carpenter. The motion was seconded by Director Cazort and unanimously adopted. There was a subsequent motion by Director Keck to adopt the 10 Minutes 441 April 20, 1999 Resolution as amended. The motion was seconded by Director Pugh, and the Resolution, as amended, was adopted by a voice vote of 9 ayes, 1 no (Director Adcock) and 1 absent (Director Stewart). Item 24 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING DRIVEWAY SPACING WAIVER FOR 1023 EAST 9TH STREET; and the Ordinance was read the first time. Public Works Director Chandra Wallar explained that staff recommends denial because the two driveways that currently exist on 9`h Street are about 60 feet apart and City Ordinance requires 300 feet between driveways. Staff believes that traffic circulation will work well with one driveway on 9' Street and one on College Street. The rules were suspended to provide for the second and third readings of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Director Wyrick — total 1; Noes — Directors Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 9; Absent — Director Stewart — total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Item 27 on the Agenda was a proposed Resolution described as: A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE RIGHT- OF-WAY FOR STREET IMPROVEMENT PROJECTS AT MARKHAM & MISSISSIPPI AND BOWMAN & KANIS INTERSECTION. Public Works Director Chandra Wallar explained that the property owner at Markham and Mississippi has contacted her and asked that the matter be deferred for two weeks at which time they may be able to work out an agreement. No agreement has been reached with the property owner at Bowman and Kanis. There was a motion by Director Keck, seconded by Director Adcock, to defer the Markham and Mississippi issue until May 4, 1999, and the motion was unanimously adopted. Mrs. Alice A. Rafferty, 11921 Kanis Road, provided the Board of Directors with pictures of her business at the southeast corner of Bowman and Kanis, explaining that the additional right -of -way will eliminate the drive -thru at her liquor store or the front parking. The pictures also showed pot holes that have never been patched. She felt it was a very unfair process that would allow the City to come in and take a person's property and devalue the property. She said the paper she held up stated that she would receive $10.00 for 963 square feet. She could not see giving the right -of -way now, when in five years the intersection improvements would put her out of business. Mrs. Wallar said that the City's first request is always for donation of right -of -way. The City does pay the appraised value of right -of -way when it is not donated. The $10.00 is just a formality to make the document legal. Director Keck said this is the worst intersection for traffic congestion in the City of Little Rock. Mrs. Russell stated that Phase I improvements will add turn lanes and upgrade the traffic signal. The property the City is taking is basically being utilized right now by people making that turn. The City will make it all legal by acquiring the property and adding a curb. Responding to a question by Director Lichty, Mrs. Rafferty said cars won't be able to turn into the drive -thru from Kanis Road. Following the discussion, there was a motion and second to defer the Bowman and Kanis issue until April 27, 1999. The motion was adopted by a voice vote of 9 ayes, 1 no (Director Keck) and 1 absent (Director Stewart.) Therefore, the Resolution for Markham and Mississippi will be considered on May 4, 199% and the Resolution for Bowman and Kanis will be considered on April 27, 1999. Consideration was then given to Ordinance No. 18,000, with the title being: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) FOR INTERSTATE 630 EAST EXTENSION FROM 1 -30 INTERCHANGE TO BOND STREET; 11 442 Minutes April 20, 1999 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, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 10; Noes — None; Absent — Director Stewart — total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,001, entitled: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) FOR SCOTT HAMILTON ROAD FROM 65TH STREET TO BASELINE ROAD; 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, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 10; Noes — None; Absent — Director Stewart — total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,002, described as: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) FOR MABELVALE CUTOFF FROM GEYER SPRINGS TO MABELVALE MAIN STREET. Director Adcock pointed out that two years ago the City told the neighborhood that we would take the right -of -way to expand the street, and people moved their driveways and flower beds. Now the City has changed its mind, but did not notify the neighborhood. She asked that in the future the neighborhoods be notified when plans are changed. Director Wyrick said this is an initiative from the Neighborhood Action Plan, and that plan requested that Mabelvale Cut -Off be a 48 ft. street plus bike paths and sidewalks on each side. How do you do all of that in a 70 ft. right -of -way? Mrs. Wallar stated that the proposal is for the 48 ft. street pavement plus sidewalks. The proposal does not include the bike paths, which is in accordance with the Master Bike Plan. Mr. Rick Haverkampf, 9024 Mabelvale, spoke in support of the Ordinance, stating that it is important that four lanes be there all the way. This will open up traffic and will resolve the traffic problem on Baseline. The Ordinance was then 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, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 10; Noes — None; Absent — Director Stewart — total 1. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,505, adopted April 6, 1999, on the petition to vacate and close the alley in Block 58 of College Park Addition to the City of Little Rock. The petition was filed by Marcus Devine on behalf of Graham's Temple Church of God in Christ. The notice of hearing was published in the Daily Record on April 12, 1999, and April 20, 1999. Mayor Dailey declared the public hearing open at 9:34 o'clock P.M. No opposition was presented. Mayor Dailey closed the public hearing and Ordinance No. 18,003 was introduced, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 58 OF COLLEGE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 12 Minutes 443 April 20, 1999 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, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, Pugh, and Mayor Dailey — total 10; Noes — None; Absent — Director Stewart — total 1. Therefore, the Ordinance was declared PASSED. Item 32 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE TO APPROVE A THIRD AMENDMENT TO THE CONSTRUCT AND LEASE AGREEMENT BETWEEN THE CITY AND M. S. GREEN- LITTLE ROCK, CORP., AS TO THE CONCESSIONS IN THE NEW PORTION OF THE STATEHOUSE CONVENTION CENTER; TO ESTABLISH THE STANDARD OF PERFORMANCE FOR THE EXCELSIOR HOTEL OR ITS SUCCESSORS; TO WAIVE COMPETITIVE BIDDING FOR THE CONCESSION SERVICES IN THE NEW CONVENTION CENTER FACILITY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES" which had been deferred from April 6, 1999 and April 13, 1999. Director Kumpuris said he thought that the City, the Advertising and Promotion Commission, and M. S. Green had come to an agreement last week, but then another issue was brought up and as of late this afternoon, M. S. Green has told its attorney to quit negotiating with the City. Director Kumpuris said if this is not settled by next week, he would recommend that negotiations be terminated and move on with whatever legal action is appropriate. Director Keck moved that the Ordinance be deferred until the reconvened meeting on April 27, 1999. The motion was seconded by Director Adcock and unanimously adopted by the Board Members present. Therefore, the Ordinance was deferred until April 27, 1999. Introduced next was Resolution No. 10,532, with the title being A RESOLUTION DECLARING THAT UPON VOTER APPROVAL OF THE BUILDING A BETTER LITTLE ROCK PROPOSAL, STREET IMPROVEMENTS ON SCOTT HAMILTON DRIVE LEADING TO BASELINE ELEMENTARY SCHOOL WILL BE THE FIRST PROJECT UNDERTAKEN IN WARD 6. Following the reading of the Resolution, Mrs. Eleanor Coley, 8223 Scott Hamilton Drive, spoke in support of the Resolution. She said the whole atmosphere at Terrace Green is completely different at the realization of what is going to happen. The parents and children are very excited. There was a motion and second by Directors Adcock and Pugh, respectively, for adoption of the Resolution, and the Resolution was adopted unanimously by the Board Members present. City Manager Cy Carney gave is Activity and Project report, which consisted of the citizen concerns related to Water Department billing in the tornado disaster area; the tornado recovery activity report; and the March, 1999 adult and juvenile arrest data. At the time allotted for Citizen Communications, Mr. Michael Fraterigo, II was the only speaker. He owns a small clothing store in the 1400 block of South University. In November he received a notice to attend a meeting to discuss the proposed expansion of University Avenue from Markham Street to Benton. "When is this going to happen? This will absolutely strangle my business. I have committed myself financially to be in that area. Why could I not have been told?" Mayor Dailey asked City Manager Cy Carney to provide the Board and Mr. Fraterigo with a report and also inform the public of what is going on. 13 I/J Minutes April 20, 1999 There being no further business to be presented, the Board of Directors recessed at 9:45 o'clock P.M. to reconvene on Tuesday, April 27, 1999, to consider the waiver for the U.S. Postal Service at 8313 West Markham Street, the right -of -way issue at Bowman and Kanis, and the agreement with M. S. Green regarding the Excelsior Hotel/Statehouse Convention Center. ATTEST: APPROVED: City Clerk Robbie Hancock �ayor Jim Dailey 14