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HomeMy WebLinkAbout12-07-93The Board of Directors held a public hearing from 5:30 to 6:30 P.M. in the Board of Directors Room regarding the proposal to place the operation of the Arkansas Museum of science and History under the Parks and Recreation Department. Board of Directors Room City Hall Little Rock, Arkansas December 7, 1993 - 6:30 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session in the newly renovated Board of Directors Room in City Hall for the first meeting of the expanded Board of Directors. Mayor Jim Dailey (Position No. 6) presided, and City Clerk Robbie Hancock called the roll with the following Directors in attendance: Sharon Priest - Position 1, Hamp Roy - Position 2, Jeff Sharp - Position 3, John Lewellen - Position 4, Jesse Mason - Position 5, Joan Adcock - Position 7; and newly elected Ward Directors: Erma Fingers Hendrix - Ward 1, Carl Scheibner - Ward 2, Michael Keck - Ward 5, and Linda Joyce - Ward 6 - total 10. (NOTE: Directors Hendrix, Scheibner, Keck and Joyce were elected at a special election held November 16, 1993. [See Ordinance No. 16,435, passed June 1, 1993, which called a special election for July 27, 1993, referring to the voters the option for reorganization of the City Manager form of government; and Ordinance No. 16,479, passed September 1, 1993, which called a special election for November 16, 1993, to elect City Directors for four (4) wards.] The oaths of office for the new directors were administered on Thursday, November 18, 1993,..and were filed with City Clerk Robbie Hancock.) With a quorum in attendance, 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 Priest, followed by the Pledge of Allegiance. Mayor Dailey announced that Director Sharon Priest had recently been elected to the Board of Directors of the National League of Cities. Assistant City Manager Brenda Donald welcomed everyone to the newly renovated Board Room and commended Wendell Jones, Acting Director of General Services, for his efforts in getting the work completed for the first meeting of the expanded Board of Directors. She also commended Vince Bailey, the Cable Coordinator, who gave a demonstration of the new communications equipment in the Board of Directors Room. (The room is now equipped with a computer and two screens for viewing video presentations.) Ms. Donald also recognized Mr. John Pryor, Director of Finance, and announced that the City of Little Rock has received its twelfth Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association. Director Priest presented a Certificate of Appreciation to Frank and Katherine Lambright, #1 Treetops Lane, for cleaning up in their neighborhood near the railroad tracks going to Rebsamen Park. They adopted the area and are maintaining it and have raised money for landscaping the area. Mr. Lambright presented a 1 Minutes December 7, 1993 469 check in the amount of $6,000 to the Parks and Recreation Department for that purpose. Director Priest accepted the check on behalf of the Parks and Recreation Department. Director Roy presented a Certificate of Appreciation to Ms. Katherine Mitchell for her service on the Central Arkansas Library System Board of Trustees. The Consent Agenda was then presented, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held September 21, 1993, and the reconvened meeting held September 29, 1993. (b) The Abstract of Votes cast at the November 16, 1993 Special Election for the additional four (4) City Directors (Wards 1, 2, 5 and 6). (To be received and filed.) (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1993. (To be received and filed.) (d) A motion to set the public hearing date for January 4, 1994, on Zoning Appeal Z -5735 filed by Michael Straughan appealing the Planning Commission's approval of a Conditional Use Permit for Central Baptist Church, located at 15601 Taylor Loop Road. (e) Resolution No. 9,049, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON A PETITION TO VACATE A SANITARY SEWER EASEMENT IN LOT 32 OF BAPTIST MEDICAL CENTER CAMPUS, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (December 21, 1993.) (f) Resolution No. 9,050, described as: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCLAIM DEED CONVEYING CERTAIN PROPERTY WITHIN THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES. (2001 Rock Street to Stanley Cannon.) (g) Resolution No. 9,051, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF SYSTEMATICS INFORMATION SERVICES, INC. TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 4001 N. Rodney Parham Road.) (h) Resolution No. 9,052, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF UNIVERSAL REFUSE CARTS FOR THE PUBLIC WORKS DEPARTMENT /SANITATION DIVISION. (Rehrig Pacific of Dallas, Texas in the amount of $257,172 for 6,400 universal refuse carts.) Upon motion by Director Priest and second by Director Adcock, which was unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meeting held September 21, 1993, and the reconvened meeting held September 29, 1993, were approved as written and distributed to the Board of Directors; (b) The Abstract of Votes cast at the November 16, 1993 Special Election for four (4) City Directors was received and filed; (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1993, was received and filed; (d) the motion setting the date of hearing on 2 470 Minutes December 7, 1993 Zoning Appeal Z -5735 - Central Baptist Church at 15601 Taylor Loop Road was unanimously adopted; and (e, f, g, and h) Resolutions No. 9,049, 9,050, 9,051, and 9,052 were read in full and adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mr. Ari Merritazon, who spoke on behalf of the pastor of the Trumpet of Zion Church. He stated support for voter approval of both the 1/2 cent and the 1 cent sales tax increase, provided that the Board of Directors take binding action to ensure that tax revenues will be used to repair intercity and !_ southwest Little Rock streets that were dropped from the 1987 millage and enactment of an Ordinance requiring that African - American contractors and professionals receive not less than 20% of all City business effective January 1, 1994. He called for an oral endorsement of his conditions by the Board of Directors. Mr. Barry Haas, 3900 Doral Drive, spoke in opposition to the proposed sales taxes, and read from an article in the Arkansas Democrat Gazette newspaper. He alleged that tax money is being used to promote the sales tax because the City of Little Rock gave the Chamber of Commerce $100,000, then the Chamber spent $105,000 to promote the tax proposal. Ms. Kathy Wells, president -elect of the Coalition of Little Rock Neighborhoods, spoke in support of the recommendations in the 1994 budget for funding a rental inspection program and the matching dollars for federal funds for new police officers, which represent a positive step forward for the City. Mayor Dailey responded to a statement made by Mr. Barry Haas regarding the Chamber of Commerce spending $105,000 to support the sales tax. Mayor Dailey stated that the City of Little Rock had chosen to utilize the Chamber of Commerce as an economic development arm for the City and has had an agreement with the Chamber for at least four (4) years. He emphasized there is no connection whatsoever between the $100,000 for economic development the Chamber receives from the City of Little Rock annually and the $105,000 the Chamber spent to support the sales tax. City Manager Charles Nickerson also responded to Mr. Haas' statement that tax dollars would be used to buy the Mosaic Templars building, which the City already owns. Mr. Nickerson said the money would be used to buy the lot next to the Mosaic Templars building to be used for parking. Other Directors also objected to comments and allegations made by Mr. Barry Haas. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE TO REPEAL LITTLE ROCK, ARK. ORDINANCE NO. 14,468 (JUNE 29, 1983), IN ORDER TO PROVIDE THAT THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY SHALL NO LONGER OPERATE AS AN INCORPORATED INDEPENDENT AGENCY OF THE CITY, BUT SHALL BECOME A SECTION OF THE DEPARTMENT OF PARKS & RECREATION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Note: A public hearing on this proposal was held prior to the Board of Directors meeting.) and the Ordinance was read the first time. There was a motion by Director Lewellen, 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 - elect. There was a second reading of the Ordinance followed by a motion made and seconded by Directors Lewellen and Adcock, respectively, to suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of 3 Minutes December 7, 1993 471 Directors - elect, and the third and last reading of the Ordinance ensued. Director Hendrix stated she was concerned about the academics of the persons that would be in charge. The Aye and No Vote taken on passage of the Ordinance received the following response: Ayes - Directors Adcock and Joyce - total 2; Noes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner, and Keck - total 9; Absent - None. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Introduced next were two proposed Ordinances, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE PINNACLE DISTRICT, LOCATED NORTH OF HIGHWAY 10 AND EAST OF HIGHWAY 300, FROM SINGLE FAMILY TO OFFICE AND MULTIFAMILY; AND FOR OTHER PURPOSES; and 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- 5099 -A - To rezone 68.79 acres at Highway 10, Highway 300 and Chenal Parkway from 11R -2" Single- family, 11C -2" Shopping Center and 110-3" General Office Districts to 'IMF-1811 Multifamily, 110-3" General Office and "C -3" General Commercial Districts.) and the proposed Ordinances were read the second time, having been read the first time on November 16, 1993. (See page 5 of Minutes of November 16, 1993.) Mr. David Jones, Vogel Realty Company, stated he was not opposed to the rezoning but he did have a problem with the way the rules are being applied. The City should be consistent in application of its rules. He referred to his letter to Jim Lawson dated October 19, 1993, in which he urged the City to be consistent in its application of the "enhanced design criteria" development regulations required of all other developments along Highway 10. His letter also stated that he supported Mr. Pfeifer's rezoning request but urged the City to require all developments submitted for this property to be in the form of a PCD until such time as the Highway 10 Overlay Zone regulations are modified. Director Sharp asked Mr. Jim Lawson, Director of Neighborhoods and Planning, to elaborate on the requirement that the expansion of commercial "nodes" be in the form of a PCD. Mr. Lawson said that was a requirement before the Highway 10 Design Overlay was adopted. The purpose of Overlay was to set uniform guidelines so that everyone would not have to come in with a PCD. A PCD is required if the developer cannot meet the Overlay requirements. Mr. Eugene Pfeifer, III, owner/ applicant, spoke at length in support of the rezoning and urged the Board of Directors to approve the Ordinances, stating this request is in keeping with the plan as stated by Mr. Lawson. Director Sharp urged the Board of Directors to revisit the Highway 10 Plan, stating "we need more commercial nodes on Highway 10." City Attorney Tom Carpenter offered to provide a historical background of Highway 10 at the next Agenda Meeting. There was a motion by Director Priest, seconded by Director Lewellen, to suspend the rules and place the Ordinance on third and final reading. The motion to suspend the rules FAILED by the following roll call vote: Ayes - Directors Priest and Lewellen - total 2; Noes - Directors Roy, Sharp, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck and Joyce - total 9. Therefore, the Ordinance remained on the calendar for third and final reading on December 21, 1993. The next presentation was Zoning Application Z- 3117 -C filed by Roy C. Tobey for Franklin T. Sipes, owner, to rezone 5 acres at 7415 Asher Avenue from 11C -3" General Commercial District to 4 412 C c, i 10 i O 0 .H U O �4_ 0 U O .q 0 Q Minutes December 7, 1993 11C -4" Open Display Commercial District. The reclassification was approved by the Planning Commission on November 16, 1993. The proposed Ordinance was introduced, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 3117 -C - To rezone 7415 Asher Avenue [long legal description] from 11C -3" General Commercial District to "C -4" Open Display Commercial District.) Director Joyce asked that the Ordinance be deferred because the people in the neighborhood do have some concerns and would like more time to get information. The applicant, Mr. Roy C. Tobey, stated he was not aware of any opposition to the rezoning and that there were no objectors at the Planning Commission hearing. The Ordinance was then read the first time, and when no one moved to suspend the rules to provide for the second reading, the Ordinance remained on the calendar for second reading on December 21, 1993. zoning Application 2- 4098 -B, filed by Mr. Sim H. Fulmore, owner/ applicant, to rezone property at 10400 Alexander Road from "I -1" Industrial Park District to 11R -2" Single - family District, was the next presentation. The reclassification was approved by the Planning Commission on November 16, 1993. No opposition was presented and Ordinance No. 141826 was presented, entitled: *16,528 -A AN ORDNANCE 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- 4098 -B - To rezone 10400 Alexander Road [long legal description] from 11I -1" Industrial Park District to 11R -2" Single - family District.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z- 4336 -L, filed by William E. Ruck, on behalf of Arkansas Children's Hospital, to rezone 0.87 acres at Battery and West 12th Streets, described as Lots 2, 3, 4, 5 and 6, Block 20, Marshall and Wolfe's Addition, from 11R -4" Two- family and 11C -3" General Commercial Districts to 110-2" Office and Institutional District. No one spoke in opposition to the rezoning, and Ordinance No. 16,529 was presented, described as: 5 Minutes December 7, 1993 473 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- 4336 -L - To rezone property at Battery and West 12th Streets, described as Lots 2, 3, 4, 5 and 6, Block 20, Marshall and Wolfe's Addition, from 11R -4" Two- family District and "C -3" General Commercial District to 110-2" Office and Institutional District.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Zoning Application 2-5753, filed by Rett Tucker for David Patel and 1986 Southwest Mall Joint Venture, to rezone 0.87 acres on the I -30 Frontage Road, east of Geyer Springs Road, from 11R -2" Single- family District to 11C -3" General Office District. The reclassification was approved by the Planning Commission on November 16, 1993. No opposition was presented and Ordinance No. 16,530 was introduced, with the title being: AN ORDNANCE 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 -5753 - To rezone property located on the I -30 Frontage Road, east of Geyer Springs Road, from 11R -2" Single- family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. C: l 474 Minutes December 7, 1993 The next presentation was Ordinance No. 16,531, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT, IN VARIOUS LOCATIONS TO VARIOUS USES; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,532, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED ABERNATHY - CURTIS SHORT -FORM PCD (Z- 5725), LOCATED AT 112 W. 13TH STREET AND 1223 S. LOUISIANA STREET, 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 Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,533, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED MURPHY - HOLITIK SHORT -FORM POD (Z- 5745), LOCATED AT 3200 AND 3210 S. BRYANT STREET, 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 Priest, seconded by Director Lewellen, 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 - elect, and there was a second reading of the Ordinance. 7 Minutes December 7, 1993 There was a subsequent motion made by Director Lewellen to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Adcock, 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 - elect. The Ordinance was read the third and last time, followed by a roll call vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Item 8 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN IN THE CENTRAL CITY DISTRICT IN AN AREA FROM 22ND TO 26TH STREETS AND IZARD TO MAIN; AND FOR OTHER PURPOSES." Director Hendrix requested the Ordinance be deferred until the Downtown Neighborhood Association had reviewed the proposal. Therefore, no action was taken. Item 9 on the Agenda was a proposed Ordinance to rezone various properties in an area from 22nd to 26th Streets and Izard to Main (Z -5747, Z -5748, Z -5749) from 11R -6" High -rise Apartment, 11R -5" Urban Residential, 110 -3" General Office, 11C -3" General Commercial Districts to 11R -5 11Urban Residential and 11R -4" Two - family Residential Districts. Director Hendrix requested this Ordinance also be deferred until the Downtown Neighborhood Association had reviewed the proposal. Therefore, no action was taken. Item 11 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED PLANT PLANT PCD, LOCATED AT 11,300 FINANCIAL CENTER PARKWAY 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 (Z- 5738)." This Ordinance was also deferred at the written request of the owner /applicant Mr. David Pickering, who requested deferral until January 18, 1994. The next presentation was Ordinance No. 16,534, 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 AND SIDEWALK REQUIREMENTS FOR BURLISON SUBDIVISION (S -994) LOCATED AT 13,522 IRONTON ROAD; and after a first reading of the Ordinance, there was a motion by Director Priest, seconded by Director Lewellen, 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion made by Director Priest, seconded by Director Keck, 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. The Engineer, Mr Ben Kittler, Jr., answered questions by Board Members. The Aye and No Vote was then taken on passage of the Ordinance and is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At 8:30 o'clock P.M. Mayor Dailey declared a 10 minute recess. When the Board of Directors reconvened at 8:38 o'clock P.M., Mayor Dailey presided and the following Directors were N. 4,-15 L} (� Minutes December 7, 1993 present: Directors Priest, Roy, Sharp, Mason, Adcock, Hendrix, Scheibner, Keck, and Joyce - total 9; Absent - Director Lewellen - total 1. Consideration was then given to Ordinance No. 16,535, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF BOUNDARY STREET AND SIDEWALK REQUIREMENTS AND THE RESTRICTION ON THE PLATTING OF PIPESTEM LOTS FOR OHOLENDT SUBDIVISION (S -999) LOCATED AT 9919, 9921, 9925 NASH LANE; (Director Lewellen was enrolled at 8:40 P.M.) The applicant Mr. Robert Oholendt explained his request for a waiver of approximately 175 feet of curb and gutter on Nash Lane. Mr. Tom Tunnell, 34 Pinedale Circle, Mabelvale, AR., representing the Pinedale Cove Neighborhood Association, spoke in opposition to the waiver. He said the Pinedale Cove Subdivision is protected by a Bill of Assurance. Mr. Oholendt's property is outside the subdivision but is adjacent to three of the lots, two of which are for sale. He stated there is a lot of development going on in that area and the Association is asking the Board's support to maintain City Codes for any development in this area and that Mr. Oholendt, as a developer, and any developer be required to meet City Code for curbs and gutters, etc. Mr. Tunnell had a video to be shown, but due to technical difficulties with the new equipment, the Board did not see the video. Also speaking in opposition to the waiver were Ms. Linda Moore (whose property joins Mr. Oholendt's property,) Mr. Doug Pruitt, and Mrs. Nancy Pruitt. They asked the Board to protect their property values and future development by requiring all Code standards to be met. (Director Adcock stated she would abstain from voting on passage of the Ordinance because Mrs. Pruitt is her daughter.) Mr. Jim Lawson, Director of Neighborhoods and Planning, made a staff presentation, stating the request is consistent with what has been done over 20 years. Following the lengthy discussion, the Ordinance was read the first time. The rules were suspended and the Ordinance was placed on second reading by motion from Director Priest, seconded by Director Roy, which 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion to again suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Priest and seconded by Director Roy, 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 - elect. Following the third and last reading of the Ordinance, an Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner, Keck, and Joyce - total 10; Noes - None; Abstentions - Director Adcock - total 1, Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 16,536 was presented, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 16,509 FOR THE PURPOSE OF DELETING A CONDITION; AND FOR OTHER PURPOSES (Z- 5742); (2-5742 - To remove the condition for an office sign at Chester Street and Wright Avenue - First Commercial Bank.) and said Ordinance was read the first time, followed by a motion and second by Directors Adcock and Lewellen, respectively, to suspend the rules and place the Ordinance on second reading. The motion was adopted by unanimous vote of the Board Members present, being eleven in number and two - thirds or more of the E Minutes December 7, 1993 477 members of the Board of Directors - elect. At the request of Director Priest, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained the variance, stating there was a misunderstanding at the time the property was rezoned for First Commercial Bank. Ordinance No. 16,509 contained the condition that the sign would not exceed 6 feet in height. However, First Commercial wants a sign similar to that used at its other locations, which will be 18 feet high. Because the property is zoned for "O -1" Office District, by removing the sign restriction, the Bank can apply to the Board of Adjustment for a variance to allow the 18 foot sign. Following the second reading of the Ordinance, a motion was made for a further suspension of the rules to provide for the third and last reading of the Ordinance, with the motion being made by Director Priest, seconded by Director Keck, 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 - elect. And the Ordinance was read the third and last time. A roll call vote was then taken on passage of the Ordinance with the response being: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,045, adopted November 16, 1993, and notice thereof duly published on November 19, 1993, to consider the issuance of Refunding Revenue Bonds by the City of Little Rock Health Facilities Board (Baptist Medical Center) for the BRI Project in the maximum principal amount of $19,000,000. Mayor Dailey declared the public hearing open. With no one present who wished to speak on the issue, Mayor Dailey declared the public hearing closed, and Resolution No. 9,053 was presented, with the title being: A RESOLUTION APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST MEDICAL CENTER) WITH RESPECT TO BAPTIST REHABILITATION INSTITUTE; AND FOR OTHER PURPOSES. (To refund the Series 1989 Bonds in the maximum principal amount Of $19,000,000 for the Baptist Rehabilitation Institute (BRI) Project located at 9601 Interstate 30.) and there was a full reading of the Resolution. There was a motion by Director Priest, seconded by Director Mason, to adopt the Resolution, and the Resolution, with the Emergency Clause in Section 4, was unanimously adopted. Consideration was then given to Ordinance No. 16,537, entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET ORDINANCE) TRANSFERRING FUNDS FOR WORKERS' COMPENSATION COSTS; AND FOR OTHER PURPOSES; (Transfer $125,000 from Organization 2210 Salary Account and $75,000 from Organization 2310 Salary Account, and the combined $200,000 be transferred to Special Projects Fund for street resurfacing; Reduce by $200,000 the transfer of County Sales Taxes from the General Fund to the Special Projects Fund; Appropriate $200,000 from the General Fund balance to the Worker's Compensation Account in Organization 6510.) and the Ordinance was read the first time. There was a motion by Director Lewellen, 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 - elect, and the second reading of the Ordinance ensued. Eic 478 Minutes December 7, 1993 There was a subsequent motion by Director Mason, seconded by Director Keck, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,538, described as: AN ORDINANCE ESTABLISHING FEES FOR ASSESSMENTS OF HAZARDOUS MATERIALS SITES PERFORMED BY THE LITTLE ROCK FIRE DEPARTMENT; (A fee of $50.00 to provide reports.) and the Ordinance was read the first time. There was a motion by Director Lewellen, 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Mason, seconded by Director Keck, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, -- Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,539, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF A 911 INTERLOCAL AGREEMENT; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; (Interlocal Agreement between Little Rock, North Little Rock, Jacksonville, Sherwood, Wrightsville, Shannon Hills, Alexander, Cammack village, Pulaski County and Metroplan was modified to provide for Pulaski County to administer the funds for the regional 911 system.) and the Ordinance was read the first time. There was a motion by Director Lewellen, 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Mason, seconded by Director Keck, to further suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. 11 Minutes December 7, 1993 479 The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Priest, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, and Joyce - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Resolution No. 9,054, entitled: A RESOLUTION ACCEPTING THE DEDICATION OF 147 ACRES OF LAND ON STAGECOACH ROAD FOR PUBLIC PARK PURPOSES; AND FOR OTHER PURPOSES; (Stagecoach Road Joint Venture - Grantor.) Ms. Nancy DeLeon, 7305 Debbie Drive, speaking on behalf of the soccer community, explained the need for more soccer fields in Little Rock. She said there are approximately 3,000 youth from age 3 years and up, both male and female, playing soccer in Little Rock. The 1993 annual soccer tournament had to be limited 30% because of the lack of soccer fields. The soccer community hopes the City of Little Rock will develop a number of soccer fields on the 147 acres of land on Stagecoach Road so there will be a large number of soccer fields in one area as needed in order to increase future soccer tournaments. Director Keck asked Mr. Bill Bunten, Parks and Recreation Director, how long it will take to develop the soccer fields. Mr. Bunten stated there is no proposal at this time, but the land is ideal for soccer fields. Director Roy referred to a letter dated November 16, 1993 from Mr. Sam Jones regarding the donation of the land which is within Sewer Improvement District No. 142, and is assessed at $5,691. Mr. Jones expressed concern that the Improvement District would be deprived of that amount which would have to be absorbed by the remaining property owners, and asked the City to voluntarily assume payment of the taxes. City Attorney Tom Carpenter explained that since 1989 the City has consistently refused to pay any Improvement District taxes. The Resolution was then read in full. There was a motion by Director Adcock, seconded by Director Mason, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. The following five proposed franchise Ordinances were on the Agenda (Items 20, 21, 22, 23, and 24) for first reading only: (20) AN ORDINANCE TO INCREASE THE CABLE TELEVISION FRANCHISE FEE FROM 3% TO 5 %; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (21) 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 1994; PROVIDING FOR THE PAYMENT THEREOF; (22) AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1994; AND PROVIDING FOR THE PAYMENT THEREOF; (23) 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 OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; 12 sm Minutes December 7, 1993 (24) 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 1994; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES; and the proposed Ordinances were read the first time and left on the calendar for second reading on December 21, 1993. Item 25 on the Agenda was the proposed 1994 Budget Ordinance which was deferred until December 21, 1993. The next presentation was a proposed Ordinance entitled: AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO. 16,331, AUTHORIZING THE TRANSFER OF $450,000 FROM THE BILLBOARD REMOVAL ACCOUNT TO THE LITTLE ROCK POLICE DEPARTMENT OVERTIME BUDGET ACCOUNT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Director Sharp stated he wanted more police officers on the street as soon as possible and for the next three months the money could be taken from the billboard fund and used for police overtime. He said he was not trying to stop billboard removal, he just wanted to find some money to put more police on the street. Ms. Kathy Wells, representing the Coalition of Little Rock Neighborhoods, expressed strong opposition to the use of billboard funds for police overtime, and urged the Board to recognize the long commitment and maintain the billboard fund. Mr. George Wittenberg, speaking as a citizen and as a member of the original billboard committee, asked the Board to reconsider this idea of using billboard funds for police overtime and to reject the idea. He also read a statement from the League of Women Voters in opposition to the proposed Ordinance. The Ordinance was then read the first time. There was a motion by Director Mason, seconded by Director Lewellen, 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 - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Lewellen, seconded by Director Priest, to suspend the rules and place the Ordinance on third and final reading, and 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 - elect. The Ordinance was read the third and last time. Directors Keck and Scheibner spoke in support of the Ordinance; Directors Roy and Lewellen spoke in opposition to the Ordinance. Director Priest urged citizens to vote for the tax proposals at the special election on December 14, 1993. Director Hendrix encouraged the public to participate in the public hearing on December 14, 1993 on the proposed curfew. An Aye and No Vote was then taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Sharp, Scheibner and Keck - total 3; Noes - Directors Priest, Roy, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Joyce - total 8. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. The proposed Resolution entitled: "A RESOLUTION DECLINING THE ACCEPTANCE OF FEDERAL ISTEA FUNDS FOR THE REMOVAL OF BILLBOARDS ON THE SCENIC CORRIDORS; AND FOR OTHER PURPOSES" was withdrawn from the Agenda by Director Sharp. The proposed Resolution entitled: "A RESOLUTION SUPERSEDING LITTLE ROCK RESOLUTION NO. 6,973 TO DIRECT THAT ALL OFF - PREMISE SIGN PERMIT FEES SHALL BE DEPOSITED INTO A FUND FOR BILLBOARD REMOVAL FROM THE SCENIC CORRIDORS, OR SUCH OTHER PURPOSES AS THE BOARD OF DIRECTORS DEEMS APPROPRIATE; AND FOR OTHER PURPOSES" was not presented since the Ordinance authorizing the transfer of $450,000 from the billboard removal account to police overtime failed to pass. 13 Minutes December 7, 1993 NOW Director Adcock asked City Manager Charles Nickerson if there is a $4,000,000 cushion (emergency fund). Mr. Nickerson said the $4,000,000 clearly is not a cushion; it is a fund set aside for catastrophic events. Directors Adcock and Sharp proposed taking the $450,000 needed for police overtime from the Working Capital Reserve Fund. Directors Mason and Keck were opposed to taking any such action on short notice. Director Adcock asked City Attorney Tom Carpenter to draft an Ordinance for the next meeting to transfer $450,000 from the Working Capital Reserve Fund for police overtime. Mr. Nickerson and City Attorney Tom Carpenter cautioned the Board about using the emergency fund for police overtime. Chief Caudell responded to questions by Director Lewellen and Director Keck. The last matter to be considered was Resolution No. 9,055, entitled: A RESOLUTION APPROVING THE FIVE YEAR COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR THE PERIOD 1994 THROUGH 1998; AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; and the Resolution was read in full. There was a motion by Director Priest, seconded by Director Lewellen, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. At the request of Mayor Dailey, City Attorney Tom Carpenter made a brief report on the status of the Camelot Hotel, stating that two weeks ago the Board endorsed the concept of a Chapter 11 bankruptcy plan to be filed by Mr. Mohan Mehta ( Mehta Associates, Inc., the owner), in which the Board would accept the assignment of certain notes from Kinark and Worthen National Bank. This put them in the position that if Mr. Mehta did not perform certain obligations within a certain period of time, to rehabilitate the hotel, the City would step in and bring someone in to operate the hotel. One of the inducements was that Mr. Mehta be given a $1.45 million dollar loan to keep the operation going. This morning Mr. Mehta announced that he was withdrawing the plan because he could not perform. Exactly what this will mean to the City is not clear. But it will be incumbent upon the City of Little Rock and the Advertising and Promotion Commission to move quickly to find someone to operate the hotel or find a buyer to keep the hotel from closing. There being no further business to be presented, the Board of Directors adjourned at 10:35 o'clock P.M. to meet again in regular session on Tuesday, December 21, 1993, at 6:00 o'clock P.M. ATTEST: APPROVED: (a 6114 "AX4 * 46, "M City Clerk Robbie Hancock Ma or Jim Dail y 14