02-21-9535
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 21, 1995 - 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 Sharp, Mason, Kumpuris, Adcock, Hinton,
Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director
Wilson - total 1.
With a quorum being 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 Mayor Dailey, followed with the
Pledge of Allegiance.
To begin the meeting, Mayor Dailey announced that the
briefing, presentation, and update by the Sister Cities
Commission, and the proposed Resolution appearing on the Agenda
as Item No. 12, to enter into the privatization of solid waste
collection programs with the Pulaski County Regional Solid Waste
Management District, were being deferred until March 7, 1995.
The Consent Agenda was first presented and consisted of the
following items:
(a) A motion to set the date for public hearing on March 7,
1995, on uses of funds for FY 1995 HUD Entitlement Grants to the
City of Little Rock.
(b) Resolution No. 9,329, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 6 & 7 OF MIDLAND
HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public
Hearing date to be March 7, 1995.)
(c) Resolution No. 9,330, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH BUSTER RILEY AND ASSOCIATES FOR REAL ESTATE
APPRAISAL AND ENVIRONMENTAL SERVICES FOR RIGHT -OF -WAY ACQUISITION
FOR THE WIDENING OF MABELVALE CUT -OFF, GEYER SPRINGS TO CHICOT, A
1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $25,200.)
(d) Resolution No. 9,331, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH DEVELOPMENT CONSULTANTS, INC., IN THE AMOUNT OF
$29,217.46 FOR ENGINEERING DESIGN AND SERVICES FOR CDBG
RECONSTRUCTION OF WEST 18TH STREET FROM ABIGAIL TO PEYTON, WEST
17TH STREET FROM LEWIS TO WASHINGTON, AND BOULEVARD STREET FROM
WEST 22ND TO BLAKEMORE DITCH.
(e) Resolution No. 9,332, containing the following title:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A LEASE AGREEMENT WITH SUPERIOR FORWARDING TRUCKING CORPORATION
FOR A DOWNTOWN MAINTENANCE FACILITY FOR THE FLEET SERVICES
DEPARTMENT. (300 Shall Street) ($15,156 per year for 3 years.)
By a motion from Director Sharp, seconded by Director Adcock,
which was adopted by unanimous vote of the Board Members present,
the Consent Agenda was dispensed with as follows: (a) Motion
1
/I
Minutes
February 21, 1995
second reading of the Ordinance ensued. There was a subsequent
motion again made by Director Adcock, seconded by Director Mason,
to further suspend the rules and place the Ordinance on third and
final reading. The motion was unanimously adopted by the Board
Members present, being ten in number and two - thirds or more of
the members of the Board of Directors - elect, and there was a
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 Sharp, Mason, Kumpuris, Adcock,
Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes -
None; Absent - Director WiJ ^on - total 1. Therefore, the
Ordinance, together with the Emergency Section, was declared
PASSED.
There being no further business to be presented, Mayor
Dailey declared the meeting adjourned at 9:10 o'clock P. M., with
the Board of Directors to convene in regular session on Tuesday,
March 71 1995, at 6:00 o'clock P. M.
ATTEST:
(Jwj-�-� 40,�,i,
City Clerk Robbie Hancock
fluej
APP OVED:
M or Jim Daile
36
Minutes
February 21, 1995
was made and adopted to set the date for public hearing on March
7, 1995, on uses of funds for FY 1995 HUD Entitlement Grants to
the City of Little Rock; and (b, c, d and e) Resolutions No.
91329, 91330, 9,331 and 9,332, were read in full and unanimously
adopted by the Board Members present.
At the time allotted for Citizen Communications, the
following persons addressed the Board.
Mrs. Ruth Bell, representing the League of Women Voters, was
the first speaker. She thanked the Board of Directors for
changing the time of the Agenda Meetings from 1:30 P. M. to 4:00
P. M. (Beginning 2 -28 -95 the Agenda Meetings will be on Tuesdays
at 4:00 instead of Wednesdays at 1:30.) Mrs. Bell asked that
other meetings also be changed, particularly the Planning
Commission which meets at noon. Late afternoon or early morning
(7 -8:30) meetings are more accessible to the general public and
would serve the City better, she commented.
Mr. Robert "Say" McIntosh, spoke on "Black History Month."
Mr. McIntosh said some blacks were mad at the City because the
City calendar has a picture of monkeys at the Little Rock Zoo for
the month of February, which is also black history month.
Again, Mr. Bennie Johnson, spoke on the subject of black on
black crime and asked the Board of Directors to work with the
citizens to do something about it. He also expressed frustration
because more blacks are not being promoted in the Police
Department and said there needs to be more blacks in
administration and we need to cut out racism.
Mrs. Rim Hogan, 13316 Frazier Pike, addressed the land
application of sewer sludge. She lives in the Fourche Island
community and is opposed to the Little Rock Wastewater Utility's
plan to put sludge on land in that area, saying it will
contaminate well water. She concluded by asking the Board to
look into this situation because they are negligent. Mayor
Dailey stated he had talked with one of the Sewer Commissioners
and will be going out to visit the site in a few days. City
Manager Charles Nickerson noted that Mr. Reggie Corbett, Manager
of Wastewater Utility, will be at the Agenda Meeting on February
28, 1995 to brief the Board of Directors on the sludge
application.
Mrs. Barbara Hartsell, 6200 Thibault Road, also spoke
regarding the land application of sludge. She said Wastewater
officials have not been straightforward with residents.
Residents were told there would be no odor, yet PC &E said there
would be. Mrs. Hartsell said Mr. Reggie Corbett told them he
took sludge home and put it on his rose bushes which, she said,
is against PC &E and federal regulations.
Mr. Paul Howell, 10308 Jana Drive, spoke to the Board
regarding the Flag. He read a poem about the flag and concluded
by asking the Board of Directors to please fly the f lag at each
and every meeting in a positive and appropriate manner.
Mrs. Mary McGehee, 2219 Romine Road, spoke on behalf of the
Twin Lakes and John Barrow Neighborhood Associations, and asked
that the new police substation be located in the area bordered by
Kanis, Shackleford and Colonel Glenn Roads.
Mrs. Doris Jones, 3701 Boyd Street, also asked that the new
police substation be placed in the John Barrow area. She said
the residents previously submitted a petition with 1000
signatures asking that the substation be located in that area.
Mrs. Betty Snyder, 4002 Walker Street, President of the John
Barrow Neighborhood Association, expressed concern for the
location of the new police substation. She also reported on the
2
Minutes
February 21, 1995
37
progress made by the Association, stating that a new alert center
was opened in Westwood two weeks ago. The community has tried to
work together to combat crime.
Mrs. Genevieve Stewart, 44,411 Ludwig Street, spoke regarding
police brutality. Mrs. Stewart said she represented ACORN John
Barrow Neighborhood group. She agreed with a lot of what had
been said about the alert center and crime, but she wanted to
present the other side. She said there have been a lot of
complaints about policemen coming into the neighborhood harassing
residents and using racial language. She cited an incident
involving her son being stopped for no reason as he was walking
to a friend's house nearby. Mrs. Stewart said an ACORN official
had tried to get a list of reports against police officers and
was told there were none. City Attorney Tom Carpenter noted that
such reports are not subject to disclosure.
To conclude Citizen Communications, Mr. Joseph Cole, 101
Ridgeway, a student, addressed the Board regarding the curfew.
Mr. Cole said the City has gotten away with the curfew because
there is one loophole that makes it slightly constitutional.
Section 6 (Ordinance No. 16,564) provides an exception any time a
minor is engaged in an activity protected by the First Amendment
including freedom of speech, which would be protesting the
curfew. So his idea was to get all the kids in the City
protesting the curfew all hours of the day. He had business
cards printed that said "The holder of this card is at all times
practicing their freedom of speech and therefore, is exempt from
the Little Rock and North Little Rock curfew. This also includes
Sherwood, Maumelle, and surrounding areas in Pulaski County."
Mr. Cole also reported an incident in which a police officer was
extremely rude. He concluded by asking that the alert centers be
kept open 24 hours per day.
A proposed Ordinance was presented, entitled:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED UNIT
DEVELOPMENT, AND PROVIDING FOR THE MAINTENANCE OF A PLANNED
RESIDENTIAL DEVELOPMENT DISTRICT ENTITLED MID - AMERICA CENTER
AMENDED SHORT -FORM PRD (Z- 4085 -C) , LOCATED ON THE NORTH SIDE OF
W. ROOSEVELT ROAD, BETWEEN S. BATTERY STREET AND S. WOLFE STREET,
IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NOS.
15,460 AND 15,801 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
(See Minute Record of January 17, 1995 and February 7, 1995,
regarding 2- 4085 -C, located on the north side of W. Roosevelt
Road, between S. Battery Street and S. Wolfe Street.)
and the proposed Ordinance was read the first time. Ms. Melanie
Miller, 1306 Wright Avenue, real estate broker for Mr. Fred
Rodgers and Mr. Cedrick Rodgers, urged the Board of Directors to
support the proposed Ordinance and add the property at 2408
Battery Street to the project at 2408 Wolfe Street. Ms. Erma
Hendrix (former City Director Ward 1) , who lives about eight
blocks from the property, spoke in support of the project, saying
she had talked with many of the residents who approve of the
site. Senator Bill Walker, P. O. Box 1609, Little Rock, was the
first speaker in opposition to the proposal. He represented
residents in the area and said the people he talked to were
opposed to the project. Senator Walker said his mother lives
within three blocks of the area and he does have an interest in
making sure that her neighborhood is protected and maintained.
He said the concern was not the day care, but the real concern is
the proposed 70 bed care for adjudicated youth facility. In
closing, he asked that the Board take a serious look at what this
neighborhood is asked to bear. Ms. Arkie Byrd, 2415 Wolfe
Street, speaking in opposition, pointed out that Mitchell
Elementary School is just across the street from this proposed
facility, and it would not enhance the neighborhood that she
3
•
Minutes
February 21, 1995
helped to revitalize. She was opposed to the approval of this
project. Mr. A. C. Mitchell, 2314 Cross Street, spoke in
opposition to the proposed Ordinance to modify the Planned Unit
Development. Mr. John Lewellen, (former City Director Position
4), spoke in strong opposition, saying he was opposed to over
saturating the area with this kind of development, and said he
would appreciate the Board voting against the proposed Ordinance.
Ms. Miller and Mr. Rodgers answered various questions from Board
Members about the facility. Mr. Rodgers explained that the
facility is not for adjudicates' youth, but will be the Emergency
Youth Facility of Little Rock, for kids that need help. City
Attorney Tom Carpenter suggested that the proposal be delayed for
further information. Therefore the proposed Ordinance remained
on the calendar for second reading at the March 7, 1995, Board of
Directors Meeting.
Resolution No. 9,333 was the next presentation, with the
title being:
A RESOLUTION MAKING APPOINTMENTS TO THE MACARTHUR MILITARY
HISTORY MUSEUM COMMISSION;
(See Ordinance No. 16,800, es�:ablishing the MacArthur Military
History Museum Commission. Appointing Thomas Dale Alford,
Maurice "Footsie" Britt, Claude Carpenter, Sterling Cockrill,
Richard B. Dixon, James Reed Eison, Floyd H. Fulkerson, James T.
Harvey, Dick Herget, Joe Hill, Gene Hooks, Paul W. Howell, Joa
Stafford - Humphrey, R. J. Hughes, Karen Johnson, Bob Keltner, John
Lewellen, Maurice E. Lewis, Sidney S. McMath, James A. Ryan,
James A. Ryan, Jr., Carl F. Scheibner and Dr. J. K. Sherman.)
and there was a complete reading of the Resolution. A motion was
made by Director Adcock and seconded by Director Joyce, that the
Resolution be adopted. The motion was unanimously adopted by
voice vote of the Board Members present, and the Resolution was
declared adopted.
Consideration was then given to Ordinance No. 16,848,
described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE OTTER
CREEK DISTRICT, NORTHWEST OF I- 430/I -30 INTERCHANGE, CHANGING
LIGHT INDUSTRIAL AND MULTIFAMILY TO MIXED OFFICE INDUSTRIAL,
MIXED OFFICE WAREHOUSE AND PUBLIC USE, AND FOR OTHER MATTERS;
(Re: Z- 4461 -A - Phil -Cord PD -I, located NW of I -430 and I -30 to
Fourche Creek.)
and there was a first reading of the Ordinance. There was a
motion by Director Adcock to suspend the rules and place the
Ordinance on second reading. The motion was seconded by Director
Hinton and unanimously adopted by the Board Members present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect, and the second reading of the Ordinance
ensued. There was a subsequent motion by Director Mason,
seconded by Director Sharp, to again suspend the rules and place
the Ordinance on third and final reading. The motion was
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a 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 Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck,
Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent
- Director Wilson - total 1. Whereupon, the Ordinance was
declared PASSED.
4
Minutes
February 21, 1995
39
Ordinance No. 16,849, was the next presentation, with the
title being:
AN ORDINANCE APPROVING A
ESTABLISHING A PLANNED DEVELOPMENT
"PHIL -CORD SHORT -FORM PD -I" (9125 SI
THE CITY OF LITTLE ROCK, ARKANSAS,
CODE OF ORDINANCES OF THE CIT': OF
PURPOSES;
PLANNED DEVELOPMENT AND
- INDUSTRIAL DISTRICT TITLED
BLEY HOLE ROAD) (Z- 4461 -A) IN
AMENDING CHAPTER 36 OF THE
LITTLE ROCK; AND FOR OTHER
(Re: Z- 4461 -A - 3.92 acres, more or less, located at 9125 Sibley
Hole Road, changed from 11R -2" Single- family District to "Planned
Development - Industrial District. ")
and there was a first reading of the Ordinance, followed by a
motion from Director Adcock to suspend the rules and place the
Ordinance on second reading. The motion was seconded by Director
Hinton and adopted 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 - elect, and a second reading of
the Ordinance followed. The rues were further suspended and the
Ordinance placed on third and final reading by a motion made and
seconded by Directors Mason and Sharp, respectively, and
unanimously adopted by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the third and last reading of the
Ordinance, there was an Aye and No Vote taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges,
Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None;
Absent - Director Wilson - total 1. The Ordinance was then
declared PASSED.
Ordinance No. 16,850, was presented, containing the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF
STREET IMPROVEMENTS AND SIDEWALK REQUIREMENTS;
(2- 4461 -A - For Phil -Cord PD -I, located at 9125 Sibley Hole Road,
to provide for a 5 year deferral of street improvements, and a
deferral of sidewalk construction provided in Section 31 -402 of
the Code of Ordinances.)
and after a first reading of the Ordinance, there was a motion by
Director Adcock, seconded by Director Hinton, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being ten 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 subsequent motion made and seconded by
Directors Mason and Sharp, 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
ten in number and two - thirds or more of the members of the Board
of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors
Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 10; Noes - None; Absent -
Director Wilson - total 1. Mayor Dailey then declared the
Ordinance PASSED.
5
Minutes
February 21, 1995
Ordinance No. 16,851, was the next presentation, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED THE VILLAGE AT
CHENAL LONG -FORM PCD (Z- 5936), AND LOCATED ON THE WEST SIDE OF
CHENAL PARKWAY APPROXIMATELY 3/4 MILE NORTH OF THE WEST KANIS
ROAD INTERSECTION, 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;
(2-5936 - The Village at Chenal Long -form PCD, located on the
west side of Chenal Parkway approximately 3/4 mile north of the
West Ranis Road Intersection, containing 138.4 acres more or
less.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Adcock and seconded by Director Hinton, which was
unanimously adopted by members of the Board of Directors present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect. Upon second reading of the Ordinance
there was a subsequent motion by Director Mason that the rules be
again suspended and the Ordinance be placed on third and final
reading. Director Sharp seconded the motion which was adopted by
unanimous vote of the members of the Board of Directors present,
being ten in number and two - thuds or more of the members of the
Board of Directors - elect. A third and last reading of the
Ordinance ensued, followed by an Aye and No Vote taken on passage
of the Ordinance, with the response being: Ayes - Directors
Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 10; Noes - None; Absent -
Director Wilson - total 1. The Ordinance was then declared
PASSED.
Introduced next was Ordinance No. 16,852, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR VARIANCES
FROM THE REQUIREMENTS FOR RIGHT -OF -WAY WIDTHS FOR INTERIOR
STREETS FOR THE VILLAGE AT CHENAL LONG -FORM PCD (Z- 5936), LOCATED
ON THE WEST SIDE OF CHENAL PARKWAY, APPROXIMATELY 3/4 MILE NORTH
OF THE WEST KANIS ROAD INTERSECTION, LITTLE ROCK, ARKANSAS;
(2-5936 - Variances from requirements of street widths for The
Village at Chenal, located on the west side of Chenal Parkway,
approximately 3/4 mile north of the West Ranis Road
intersection.)
and the Ordinance was read the first time, followed by a motion
whereby the rules were suspended to allow for the second reading
of the Ordinance. The motion was made by Director Adcock,
seconded by Director Hinton, and unanimously adopted by members
of the Board of Directors present, being ten in number and two -
thirds or more of the members of the Board of Directors - elect.
The Ordinance was then read the second time. There was an
ensuing motion made by Director Mason, seconded by Director
Sharp, that the rules be further suspended to provide for the
third and final reading of the Ordinance. The motion was adopted
by unanimous vote of the members of the Board of Directors
present, being ten in number and two - thirds or more of the
members of the Board of Directors- elect, and there was a third
and last reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No Vote which resulted as
follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock,
Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1. It was then
announced that the Ordinance had PASSED.
F.1
Minutes
February 21, 1995
41
A public hearing had been scheduled by Resolution No. 9,322,
and notice thereof duly published on February 14, 1995 and
February 21, 1995, on the request by Dave Garner, et al, to
vacate and close the alley and a portion of the public utility
and drainage easements in Block 4 of A. C. Reads Addition to the
City of Little Rock, Arkansas, as approved by the Planning
Commission. Attached to the petition was a certified copy of
Block 4, A. C. Read's Addition on file in the Pulaski County
Circuit Clerk's Office, and a. letter from Beach Abstract and
Guaranty Company listing the last apparent owners of record to
abutting property. Mayor Dailey then declared the public hearing
open and with no opposition presented, he declared the public
hearing closed, and Ordinance No. 16,853 was presented,
containing the following heading:
AN ORDINANCE VACATING AND CLOSING THE ALLEY AND A PORTION OF
THE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN BLOCK 4 OF A. C.
READS ADDITION TO THE CITY OF LITTLE ROCK;
(Re: A 20 foot alley in Block 4, A. C. Reads Addition, and a
portion of the public utility and drainage easements.)
with the Ordinance being read the first time. There was a motion
by Director Adcock, seconded by Director Hinton, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by members of the Board of Directors present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect. A second reading of the Ordinance
followed, with a motion being made by Director Mason, seconded by
Director Sharp, to further suspend the rules and place the
Ordinance on third and final reading. With the motion having
been unanimously adopted by members of the Board of Directors
present, being ten 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 Sharp, Mason, Kumpuris, Adcock,
Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1. Therefore, the
Ordinance was declared PASSED.
Ordinance No. 16,854 was presented, entitled:
AN ORDINANCE ALLOCATING $425,000 FOR THE CONSTRUCTION OF
THREE (3) BLOCKS OF CAPITOL AVENUE FROM FERRY STREET TO ROCK
STREET, A FUTURE- LITTLE ROCK PROJECT BEGINNING AT THE NEW POST
OFFICE SITE AND MOVING WEST;
(Re: $425,000 allocated from Future - Little Rock tax dollars to
construct three blocks of Capitol Avenue from Ferry Street to
Rock Street.)
and said Ordinance was read the first time, followed by a motion
by Director Adcock, seconded by Director Hinton, that the rules
be suspended and the Ordinance be placed on second reading. The
motion was adopted by unanimous vote of the members of the Board
of Directors present, being ten in number and two - thirds or more
of the members of the Board of Directors - elect, and a second
reading of the Ordinance ensued. A motion was then 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
Mason, seconded by Director Sharp, and unanimously adopted by
members of the Board of Directors present, being ten 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, and there
was an Aye and No Vote taken on passage of the Ordinance with the
results recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor
Dailey - total 10; Noes - None; Absent - Director Wilson -
total 1. Whereupon, the Ordinance was declared PASSED.
7
42
Minutes
February 21, 1995
The next presentation was a proposed Ordinance, with the
title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS AND WAIVING THE DEDICATION REQUIREMENT FOR
ADDITIONAL RIGHT -OF -WAY, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -5671 - Goss Enterprises, Inc. /Charles Goss, the applicant, to
rezone 6000 and 6024 Stagecoach Road, from 11R -2" Single family
District to 11C -3" General Commercial, and waiver of dedication of
additional 25 ft. right -of -way for Stagecoach Road (Ark. State
Hwy. No. 5.)
with the Ordinance being read the first time. Mr. Jim Lawson,
Director of Neighborhoods and Planning, gave a briefing to the
Board, explaining the main issue on this request is the amount of
right -of -way that is required. The Master Street Plan standard
is 55 feet from the centerline. Staff has worked with the Highway
Department and is recommending a 50 ft. right -of -way. Mr.
Charles A. Brown, 323 Center Street, Suite No. 720, representing
the property owner, Mr. Charles Goss, explained the proposed
project saying there was no change in business or traffic. He
cited a Fort Smith Court Case and the opinion handed down by the
Supreme Court. Mr. Brown said it does not justify any additional
burden on the streets and there is no additional cost to the
City. He requested the proposed Ordinance be approved without
the requirement of the dedication of the street. In answer to a
question by Director Adcock, Mr. Lawson stated the road will have
to be widened at some point in time, and what right -of -way the
City does not own will have to be purchased at that time.
Director Sharp felt the Board should take a close look at this,
and said he was going to vote for the waiver; adding, "the man
did not ask to be annexed to the City, and this simply is not
right." City Attorney Tom Carpenter told the Board the property
is zoned residential and is a non - conforming use. He said the
question before you is, "whether to take the right -of -way because
this is probably the only time you will have a right to request
the right -of- way." City Manager Charles Nickerson also agreed
that this is the appropriate and only time the Board will have
an opportunity to make the right -of -way request. Mr. Lawson
answered questions by Board Members. Director Hodges stated the
waiver would be setting a very bad precedent, and Director
Kumpuris said nothing will happen until the State triggers the
action. Directors Sharp and Adcock were opposed to requiring the
right -of -way dedication. Following the lengthy discussion, a
motion was made by Director Sharp, seconded by Director Kumpuris,
that the rules be suspended and the proposed Ordinance be placed
on second reading. The motion was unanimously adopted by the
Board Members present, being ten in number and two - thirds or more
of the members of the Board of Directors - elect, and the second
reading of the Ordinance ensued. There was a subsequent motion
by Director Adcock, seconded by Director Joyce, to again suspend
the rules and place the proposed Ordinance on third and final
reading. The motion was unanimously adopted by the Board Members
present, being ten in number and two - thirds or more of the
members of the Board of Direccors- elect, and there was a third
and last reading of the proposed Ordinance. An Aye and No Vote
was taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Sharp, Adcock and Wyrick - total 3;
Noes - Directors Mason, Kumpuris, Hinton, Hodges, Keck, Joyce and
Mayor Dailey - total 7; Absent - Director Wilson - total 1.
Whereupon, the proposed Ordinance FAILED TO PASS.
F
Minutes
February 21, 1995
43
The next presentation was a proposed Resolution, entitled:
A RESOLUTION OF INTENT TO FUND THREE ADDITIONAL ALERT
CENTERS AT OAK FOREST, EAST BROADWAY, AND WEST BASELINE ROAD TO
BE PAID FOR OUT OF THE $500,000 GRANT FROM THE FEDERAL
GOVERNMENT; AND FOR OTHER PURPOSES;
(Re: Oak Forest, East Broadway and West Baseline Road Alert
Centers.)
and there was a complete reading of the proposed Resolution.
Mayor Dailey asked that City Manager Charles Nickerson present a
briefing to the Board on the location and the proposed alert
centers. He said the site locations were included in the
original proposal; however, some may have changed. A motion was
made by Director Adcock, seconded by Director Mason, for adoption
of the Resolution. Director Mason asked Mr. Nickerson for
additional information. Mr. Nickerson explained one concern was
that we are dealing with a one time source of money, and that he
would always recommend to not commit to long -range operating
programs, from one time source of funding. He felt we should do
a more effective job in the existing alert centers by expanding
the hours and filling in the gaps. A lengthy discussion was held
among Board Members with Mr. Nickerson answering various
questions regarding costs involved in operating alert centers,
hours of operation, and other issues. In the discussion,
Director Adcock said Congressman Thornton had said that "I will
help you secure funds for three new additional centers, and I
feel like we should partnership with these neighborhoods." Those
persons signing cards and speaking in support of the alert
centers were: Ann Brown, 2100 Scott Street; Maggie Lu Hawkins,
522 East 23rd Street; Nellie Leonard, 2307 Cumberland Street;
Raymond Rodgers, 2008 Scott Street; Kenyon Lowe, 3024 Ringo
Street; Jim Koster, 9923 Forester Cove; John Brockway, 9512
Crofton Drive; James Hickman, 2020 South Tyler Street; and Gene
Reed, 2101 Fair Park Boulevard. To conclude the discussion,
Director Hodges felt the matter should be delayed for two weeks,
and he made a motion, seconded by Director Joyce, that the
proposed Resolution be tabled until March 7, 1995. A roll call
vote was taken on the motion to table for two weeks, and received
the following response: Ayes - Directors Sharp, Mason, Kumpuris,
Hodges, Keck, Joyce and Mayor Dailey - total 7; Noes - Directors
Adcock, Hinton and Wyrick - total 3; Absent - Director Wilson -
total 1. Therefore, the proposed Resolution was tabled until
March 7, 1995.
The last matter to be considered was Ordinance No. 16,855,
described as:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF
LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR
SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE
SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURE;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
Before the Ordinance was read the first time, Mr. Jim Lawson,
Director of Neighborhoods and Planning, asked that 2107 Bragg
Street be removed from the Ordinance. Mr. David L. Thomas, owner
of property at 105 South Schiller Street, told the Board of
Directors that plans are underway to completely renovate the
property, financing plans are underway, and he requested an
extension of time before demolition. Mayor Dailey then announced
that 2107 Bragg Street was being removed from the Ordinance, and
that a sixty day administrative extension was being granted Mr.
Thomas for 105 South Schiller Street. The Ordinance was then
read the first time. There was a motion by Director Adcock to
suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Mason and unanimously adopted by
the Board members present, being ten in number and two - thirds or
more of the members of the Board of Directors - elect, and the
9