09-05-95Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
September 5, 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 Mason, Adcock, Hinton, Hodges, Keck, and
Wyrick - total 6; Absent - Directors Sharp, Kumpuris, Wilson, and
Joyce - total 4.
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 Director Hodges, followed by the
Pledge of Allegiance.
(Directors Kumpuris and Wilson enrolled at 6:03 P.M.)
There was a motion by Director Adcock to add to the Agenda a
proposed Ordinance to designate an Americans with Disabilities
Act Consultant as a professional service, as requested by City
Attorney Tom Carpenter. Director Wilson objected to adding the
item to the Agenda since there had been no public discussion on
the issue. Mayor Dailey explained the Ordinance would be read
the first time only and there would be opportunity for discussion
before the passage of the Ordinance. The motion was seconded by
Director Keck and adopted by the following roll call vote: Ayes
- Directors Hodges, Keck, Wyrick, Mason, Kumpuris, Adcock and
Mayor Dailey - total 7; Noes - Directors Wilson and Hinton -
total 2; Absent - Directors Sharp and Joyce - total 2.
Therefore, the Ordinance was added to the end of the Agenda.
(See proposed Ordinance on page 10.)
Item 28 on the Agenda was a proposed Resolution setting the
date for a public hearing on September 19, 1995 on a proposed
amendment to the Community Development Consolidated Plan to fund
the Apple Blossom Subdivision infrastructure construction in
College Station from CDBG funds. City Manager Charles Nickerson
announced that the Apple Blossom project will be funded from the
AT &T funds rather than CDBG funds; therefore, the CDBG public
hearing will not be necessary. Director Adcock moved to remove
Item 28 from the Agenda. The motion was seconded by Director
Kumpuris and unanimously adopted. Whereupon, Item 28 was removed
from the Agenda.
Item 26 on the Agenda was a proposed Resolution "APPROVING
THE LIST OF STREET IMPROVEMENT PROJECTS UTILIZING SURPLUS FUNDS
APPROPRIATED BY ORDINANCE NO. 16,894 (5- 16 -95)." The Resolution
was tabled on August 15, 1995. Item 27 on the Agenda was a
proposed Resolution "APPROVING THE LIST OF DRAINAGE IMPROVEMENT
PROJECTS UTILIZING SURPLUS FUNDS APPROPRIATED BY ORDINANCE NO.
16,894 (5- 16 -95)." The Resolution was tabled on August 15, 1995.
Director Keck moved to again table the two proposed Resolutions
(Items 26 and 27) until October 17, 1995, if City Manager Charles
Nickerson has the lists ready at that time. The motion was
seconded by Director Adcock, and adopted by the following roll
call vote: Ayes - Directors Hodges, Keck, Wyrick, Mason,
Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey - total 9; Noes
- None; Absent - Directors Sharp and Joyce - total 2. Therefore,
no action was taken on the two proposed Resolutions.
Director Henry Hodges made a statement before the scheduled
remarks by Airport Commissioner Les Hollingsworth. Director
Hodges stated that he and Attorney Les Hollingsworth, a member of
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September 5, 1995
and the Ordinance was read the first time, and left on the
calendar for second reading on September 19, 1995.
Consideration was then given to Ordinance No. 16,961, with
the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV CODE SECTION 35-
26(A) TO PROVIDE FOR FIVE (5) ELECTORS TO SERVE ON THE LITTLE
ROCK WATERWORKS COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES; (Increased from 3 members to 5 members.)
and there was a first reading of the Ordinance. The rules were
suspended to provide for the second reading of the Ordinance,
upon a motion by Director Adcock, which was seconded by Director
Wilson, and unanimously adopted by the Board Members present,
being nine in number and two - thirds or more of the members of the
Board of Directors- elect. Following the second reading of the
Ordinance, Director Keck moved to 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 nine 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. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hodges, Keck, Wyrick, Mason, Kumpuris,
Adcock, Wilson, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Joyce and Sharp - total 2. Therefore, the
Ordinance was declared PASSED.
The last item to be presented was the proposed Ordinance
that was added to the Agenda upon a motion by Director Keck (see
page 1), which was entitled:
AN ORDINANCE TO DESIGNATE AN AMERICANS WITH DISABILITIES ACT
CONSULTANT AS A PROFESSIONAL SERVICE, PURSUANT TO AUTHORITY
GRANTED IN ACT 429 OF 1995.
The Ordinance was read the first time and left on the calendar
for second reading on September 19, 1995.
Director Hodges requested that the Board of Directors
discuss the proposed Code of Ethics for the Board of Directors
and City officials at the next agenda meeting.
A short video of the Tomberlin Economic Development Project
at 2924 East 6th Street, one of the Prevention, Intervention and
Treatment Programs of FUTURE - Little Rock, was shown to the Board
of Directors.
Due to the lateness of the hour, the Board of Directors
generally agreed to recess until Tuesday, September 12, 1995 to
consider making appointments to various Boards and Commissions.
There being no further business to be presented, the Board
of Directors recessed at 10:15 o'clock P.M. to reconvene on
Tuesday, September 12, 1995, at 4:00 o'clock P.M. to consider
making appointments to various Boards and Commissions and
Resolutions providing for installation of handicap ramps (see
Item 26) and storm drainage maintenance backlog (see Item 27).
ATTEST:
(a QAJ44.C/
MR =
CITY CLERK ROBBIE HANCOCK
10
APPROVED:
ay�
OR JIM DAILE
¢ Minutes
September 5, 1995
the Little Rock Airport Commission, represent opposing litigants
in a pending case and in that role he had brought various issues
about Mr. Hollingsworth's conduct to the attention of the Court.
Because of the pending case, it was his view and that of City
Attorney Tom Carpenter that he should not vote nor participate in
any debate as a member of the Little Rock Board of Directors in
any matter regarding the conduct of Mr. Hollingsworth.
Therefore, as he stated on August 15, 1995, he would not
participate in the Board's discussion or the executive session
regarding Airport Commissioner Les Hollingsworth.
Following Director Hodges statement, Mr. Perlesta (Les)
Hollingsworth addressed the Board of Directors regarding
allegations made at the Agenda Meeting on July 25, 1995,
concerning his role as an Airport Commissioner. Mr.
Hollingsworth stated that since Board Members did not have any
questions for him when he addressed the Board on August 8, 1995,
that perhaps he was misunderstood. (See Minutes of August 8,
1995.) Therefore, he thought it appropriate to reappear before
the Board, since shortly after the August 8th meeting, the Board
met to remove him from the Airport Commission. He said if he was
going to be the subject of removal that he should appear back
before the Board to discuss any issues that Board Members may
have concerning his conduct as an Airport Commissioner. He
reiterated what he had stated on August 8, that he did not
believe he had done anything that was illegal or improper in the
selection of co -bond counsel for the sale of Airport Revenue
Bonds. The subject of his conduct involves two matters: (1) his
vote on bond counsel which involved Richard Mays, who is the
minority bond counsel and has been involved in other business
endeavors with Mr. Hollingsworth. He apologized for any
appearance of conflict that may have occurred, but there has been
no violation of any regulation, ordinance or state statute in
what he did, and he agreed to abstain from voting on any project
involving Richard Mays that may come before the Commission. (2)
It was discovered that Mr. Hollingsworth was the registered agent
for Platinum Management, which was the minority firm doing
business with the Host Marriott Corporation at the Airport. Mr.
Hollingsworth said his role as registered agent was news to him
because his firm drafted the Articles of Incorporation for the
owner, State Senator Bill Walker, because he was under a deadline
to get the Articles filed. An associate in Mr. Hollingsworth's
firm helped Senator Walker with the Articles and Mr.
Hollingsworth was listed as registered agent. Mr. Walker was not
charged for the work done in the incorporation and Mr.
Hollingsworth received no benefit from that contract. He said in
order to avoid any appearance of conflict, he would not be
dealing with Platinum in any matter. The food, beverage and
concession lease is between the Airport and Host Marriott, who
had requested an extension of the lease. In conclusion, he
stated that Directors Adcock and Sharp had asked him to resign
from the Airport Commission, but he did not think it would be
appropriate for him to resign since he had not violated any
ordinances, statutes, or regulations and had performed his
duties. He again apologized to the Board and the citizens of
Little Rock for any perception that he had engaged in any conduct
that appears to be improper. Following his statement, Mr.
Hollingsworth responded to questions by the Board of Directors.
In conclusion, Director Keck encouraged Board Members to be
deliberative in reviewing the final report of City Attorney Tom
Carpenter (which Board Members received just before the meeting)
and then see what action is appropriate.
At 7:10 o'clock P.M., Director Dean Kumpuris, Chairman of
the East Markham Street Task Force, along with Mr. Bill Bunten,
Mr. Rick Redden, and Ms. Millie Ward, made another presentation
of the River Market District, as requested by Director Adcock.
The same presentation was made at the reconvened meeting on
August 29, 1995. (See Minutes of August 29, 1995.) Director
Kumpuris then responded to questions by the Board of Directors.
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September 5, 1995
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Director Adcock questioned why the Board would consist of seven
(7) members but only three (3) would be voting members. City
Attorney Tom Carpenter explained there are two statutes by which
the Board could be established. One of the things trying to be
accomplished is to set up this Board in such a way that it can
deal with financial matters as they come up and have monies and
spend monies. The two vehicles for doing that under Arkansas law
are either (1) the public corporation which is made up of a three
member board that would have voting authority by statue, and this
Board (Board of Directors) is not free to change that; or (2) the
public facilities board which has a five member board unless it
is expanded by interlocal agreements because other jurisdictions
come into play. Since this is going to be a Little Rock group it
would be a five member board and would be limited by statute to
that number. Those are the only two vehicles right now for
putting this board into effect where it could have some control
over monies. Director Wilson was opposed to voting on the
Resolution tonight, because she felt citizen input was needed.
Director Kumpuris urged the Board to take action so the project
could move ahead. The goal is to have the River Market completed
by May, 1996. Following the presentation, Resolution No. 9,476
was removed from the Consent Agenda (Item 1) and introduced, with
the title being:
A RESOLUTION NAMING THE RIVER MARKET DISTRICT AND RIVER
MARKET; ENDORSING DEVELOPMENT PLANS; RECOMMENDING THE FORMATION
OF A PUBLIC BOARD; AND AUTHORIZING THE CITY MANAGER TO PROCEED
WITH DEVELOPMENT ACTIVITIES.
Mrs. Kathy Wells, 22nd & Gaines Street, spoke in opposition to
the proposal, stating it is the duty of the Board of Directors to
be sure it is acting wisely. She expressed concern that the
citizen representative on the River Market Board is not a voting
member and that no farmer is a member. She also expressed the
need for a professional expert on the Board. Her suggestion was
to have the project managed in house by the Director of Parks and
Recreation. Also speaking in opposition to the Resolution was
Mr. Robert "Say" McIntosh, who stated that black people need to
be involved. Following the lengthy discussion, there was a
motion by Director Hinton, seconded by Director Wilson, to
postpone the Resolution for two weeks. The motion failed by the
following roll call vote: Ayes - Directors Wilson and Hinton -
total 2; Noes - Directors Hodges, Keck, Wyrick, Mason, Kumpuris,
Adcock and Mayor Dailey - total 7; Absent - Directors Sharp and
Joyce - total 2. The Resolution was then read in full, and there
was a motion by Director Keck to adopt the Resolution. The
motion was seconded by Director Hodges and adopted by the
following roll call vote: Ayes - Directors Hodges, Keck, Wyrick,
Mason, Kumpuris, Adcock and Mayor Dailey - total 7; Noes -
Directors Wilson and Hinton - total 2; Absent - Directors Sharp
and Joyce - total 2. Whereupon, the Resolution was adopted.
Consideration was then given to the Consent Agenda which
consisted of the following:
(2) Approval of the Minutes of the Board of Directors
regular meetings held July 18, 1995, August 1, 1995, and August
15, 1995 and the reconvened meetings held July 25, 1995, August
8, 1995, and August 29, 1995.
(3) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of July, 1995.
(To be received and filed.)
(4) Resolution No. 9,477, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD AN ANNUAL CONTRACT FOR JANITORIAL SERVICES FOR THE
DEPARTMENT OF GENERAL SERVICES. (O. J.'s. Enterprises - not to
exceed $58,850.)
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(5) Resolution No. 9,478, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACTS FOR ARCHITECTURAL SERVICES FOR FIRE STATIONS #11, #13
AND #2 AND THE NORTHWEST POLICE SUBSTATION. (Brooks Jackson
Architects - design Fire Station #11; Johnson & Chism Architects
- design Fire Station #13; The Renshaw Firm - design Fire Station
#2; Wittenberg, Delony & Davidson - design Northwest Police Sub-
station.)
(6) Resolution No. 9,479, entitled:
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF LITTLE ROCK, ARKANSAS AND SHERWOOD, ARKANSAS TO ACCESS THE
CITY OF LITTLE ROCK'S 800 MHz TRUNKED RADIO SYSTEM; AND FOR OTHER
PURPOSES;
(7) Resolution No. 9,480, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH GREATER LITTLE ROCK COMMUNITY DEVELOPMENT
CORPORATION (CDC) TO PROVIDE $51,900 IN HOME FUNDS FOR MOVING A
HOUSE FROM 5423 COUNTRY CLUB TO 24TH AND LEWIS STREETS TO BE
REHABILITATED AND SOLD TO A LOW - INCOME FIRST TIME HOMEBUYER.
(8) Resolution No. 9,481, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH WOODRUFF COMMUNITY DEVELOPMENT CORPORATION
(CDC) TO PROVIDE $55,900 IN HOME FUNDS FOR ACQUISITION,
REHABILITATION, AND SALE OF THE HOUSE AT 3809 WEST CAPITOL AVENUE
TO A LOW - INCOME FIRST TIME HOMEBUYER.
(9) Resolution No. 9,482, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
ADDITIONAL FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND
PROCEEDS FOR RESERVOIR ROAD IMPROVEMENTS FOR THE DEPARTMENT OF
PUBLIC WORKS.
(10) Resolution No. 9,483, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR RENOVATION
OF FIRE STATION NO. 13. (1105 East Roosevelt Road.)
(11) Resolution No. 9,484, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
1995 CAPITAL IMPROVEMENT BOND FUND PROCEEDS FOR THE RIVERFRONT
PLAZA PROJECT; AND FOR OTHER PURPOSES; ($1,085,000.)
(12) Resolution No. 9,485, entitled:
A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION
OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS AND PULASKI COUNTY, ARKANSAS TO ALLOW METROPOLITAN
EMERGENCY MEDICAL SERVICES ("MEMS ") TO PROVIDE EMERGENCY MEDICAL
SERVICES TO THE UNINCORPORATED AREAS OF PULASKI COUNTY; AND FOR
OTHER PURPOSES.
(13) Resolution NO. 9,486, with the title being:
A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION
OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS AND THE CITY OF NORTH LITTLE ROCK, ARKANSAS TO ALLOW
METROPOLITAN EMERGENCY MEDICAL SERVICES ( "MEMS") TO PROVIDE
EMERGENCY MEDICAL SERVICES TO THE CITY OF NORTH LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES.
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(14) Resolution No. 9,487, described as:
A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION
OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS AND THE CITY OF LONOKE, ARKANSAS TO ALLOW METROPOLITAN
EMERGENCY MEDICAL SERVICES ("MEMS") TO PROVIDE EMERGENCY MEDICAL
SERVICES TO THE CITY OF LONOKE, ARKANSAS; AND FOR OTHER PURPOSES.
(15) Resolution No. 9,488, entitled:
A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION
OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS AND THE CITY OF MAUMELLE, ARKANSAS TO ALLOW METROPOLITAN
EMERGENCY MEDICAL SERVICES ("MEMS") TO PROVIDE EMERGENCY MEDICAL
SERVICES TO THE CITY OF MAUMELLE, ARKANSAS; AND FOR OTHER
PURPOSES.
(16) Resolution No. 9,489, with the title being:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER
TO EXECUTE AN AMENDED AGREEMENT FOR THE DEVELOPMENT OF HOMES IN
THE STONEHEDGE SUBDIVISION, PHASE I. (See Ordinance No. 15,847.)
(17) Resolution No. 9,490, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE PORTIONS OF THE PLAT AND TO VACATE AND ABANDON
CERTAIN STREETS AND ALLEYS IN FAIRVIEW ADDITION TO THE CITY OF
LITTLE ROCK, ARKANSAS. (3M property located at Arch St. Pike,
south side of Fourche Creek.) (September 19, 1995.)
(18) Resolution No. 9,491, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE TURTLE CREEK DRIVE FROM THE SOUTH
RIGHT -OF -WAY OF ST. CHARLES BLVD. TO THE NORTH PROPERTY LINE OF
LOT 1, AGAPE COUNTRY SUBDIVISION IN TURTLE CREEK ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS. (September 19, 1995.)
(19) Resolution No. 9,492, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE PORTIONS OF BOND STREET AND EAST
ROOSEVELT ROAD IN BRUCE INDUSTRIAL ACRES ADDITION TO THE CITY OF
LITTLE ROCK. (For Little Rock National Airport.) (September 19,
1995.)
Upon a motion by Director Adcock, which was seconded by Director
Keck and unanimously adopted, the Consent Agenda was dispensed
with as follows: (2) The Minutes of the Board of Directors
regular meetings held July 18, 1995, August 1, 1995, and August
15, 1995 and the reconvened meetings held July 25, 1995, August
8, 1995, and August 29, 1995, were approved as written and
distributed to the Board of Directors; (3) the Comparative
Statement of the Little Rock Municipal Water Works for the month
of July, 1995, was received and filed; and (4 through 19)
Resolutions No. 9,477, 91478, 9,479, 91480, 91481, 9,482, 9,483,
9,484, 9,485, 9,486, 9,487, 91488, 9,489, 9,490, 9,491, and 9,492
were read in full and unanimously adopted, except Director Hodges
abstained on Resolutions No. 9,478 and 9,483; and Mayor Dailey
abstained on Resolution No. 9,478.
At 8:40 o'clock P.M. Mayor Dailey declared a ten minute
recess. When the Board of Directors reconvened at 8:55 o'clock
P.M., Mayor Dailey presided and all Directors were present.
At the time allotted for Citizen Communications, the first
speaker was Mr. George Johnson, special representative for the
American Federation of State, County and Municipal Employees
(AFSCME) International, who spoke on the subject of pay raises
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September 5, 1995
and step increases for City Sanitation workers. He said that
very shortly the contract with Waste Management goes into effect.
The employees were told their hours would be changed next week
and that was it; there was no discussion. He asked the Board of
Directors to help them meet with those powers they need to meet
with to discuss the concerns of the Sanitation workers. Mayor
Dailey asked City Manager Charles Nickerson to respond to the
Board of Directors by the following Tuesday on the issue of how
we are dealing with the transition. Director Wilson requested
that the report also include the number of Sanitation workers
that have gotten jobs with Waste Management.
The next speaker was Mr. Nolan Purtell, who owns a rental
house at 4811 Stagecoach Road. (See Minutes of July 18, 1995.)
As stated previously, Mr. Purtell had spent approximately $10,000
to upgrade the house. The house was inspected three times by the
City Rental Inspectors and he was given a different list of
repairs to be made each time. Mr. Purtell said this has
developed into an endless harassment. He said the latest thing
is the capping of unused gas lines, and demonstrated the types of
gas line caps. Mayor Dailey said maybe there is a way that Mr.
Purtell's case can be used as a case item to get full discussion
on the Rental Inspection Program. Director Wyrick said she had
asked for a staff report but had not received it. Director Keck
requested an update on the Rental Inspection Program.
Also speaking under Citizen Communications, Mr. Robert "Say"
McIntosh referred to the "muddy water" at the Airport, referring
to the conflict of interest issue involving Mr. Perlesta
Hollingsworth, Mr Richard Mays and Mr. Bill Walker. Mr. McIntosh
said the whole Airport Commission should resign. He also spoke
about black on black crime in Little Rock.
The last speaker under Citizen Communications was Ms. Daisy
Jackson, a resident of Southwest Little Rock. She asked that the
vacant apartment buildings on American Manor Drive and Hilaro --
Springs Road be torn down. Director Adcock replied that the
apartments have already been purchased and progress is being made
on rehabilitation.
Consideration was then given to Ordinance No. 16,956 with
the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PD -I DISTRICT TITLED HILLCREST CAM SHAFT SHORT -
FORM PLANNED DEVELOPMENT INDUSTRIAL LOCATED AT 5502 WEST 65TH
STREET (Z- 2638 -B) 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 Adcock, seconded by Director Keck, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being nine 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 and second by Directors Adcock and
Keck, respectively, to again suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by the Board Members present, being nine in number and
two - thirds or more of the members of the Board of Directors -
elect, and the Ordinance was read the third and last time. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the result recorded as follows: Ayes - Directors
Hodges, Keck, Wyrick, Mason, Kumpuris, Adcock, Wilson, Hinton and
Mayor Dailey - total 9; Noes - None; Absent - Directors Sharp and
Joyce - total 2. Therefore, the Ordinance was declared PASSED.
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The next presentation was Ordinance No. 16,957, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A "PCD" DISTRICT TITLED SADDLE CREEK CENTER "PCD" AT
6301 RANCH DRIVE (Z- 4343 -I) 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 Keck, seconded by Director Adcock, to suspend the rules
and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being nine 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 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 nine 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
taken on passage of the Ordinance, with the vote recorded as
follows: Ayes - Directors Hodges, Keck, Wyrick, Mason, Kumpuris,
Adcock, Wilson, Hinton and Mayor Dailey - total 9; Noes - None;
Absent - Directors Joyce and Sharp - total 2. Whereupon, the
Ordinance was declared PASSED.
Introduced next was Zoning Application Z -6002 filed by
Ronald D. Davis on behalf of Charles E. Elrod, Ronald D. Davis
and Deborah K. Pelton to rezone 5900 Baseline Road from "R -2"
Single - family District to "C -3" General Commercial District. The
reclassification was approved by the Planning Commission on July
25, 1995. No opposition was presented and Ordinance No. 16,958
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 -6002 - To rezone 5900 Baseline Road from "R -2" Single- family
District to "C -3" General Commercial District.)
and there was a first reading of the Ordinance, followed by 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 nine in number and two - thirds or more of the members of the
Board of Directors - elect. The Ordinance was read the second time
and there was a motion and second by Directors Adcock and Hinton,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. The motion was unanimously adopted
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. A roll call vote
was taken on the question, Shall the Ordinance Pass, with the
results recorded as follows: Ayes - Directors Hodges, Keck,
Wyrick, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey
- total 9; Noes - None; Absent - Directors Joyce and Sharp -
total 2. Whereupon, the Ordinance was declared PASSED.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
MASTER STREET PLAN REQUIRED DEDICATION ON BASELINE ROAD FOR THE
PROPERTY LOCATED AT 5900 BASELINE ROAD. (Re: Z -6002 - Ordinance
16,958 above.)
Mr. Ronald Davis, the applicant, explained his request for the
waiver, stating that after the property was annexed to the City
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September 5, 1995
in 1985, he learned it was zoned "R -2" instead of "C -31'. After
applying for the rezoning to bring it into compliance, he was
notified that Public Works was requiring a 5 ft. right -of -way
dedication on Baseline Road. Since this is a very small lot (85'
x 10011) and the building is 32' x 50' with a very restrictive
passageway for traffic and parking, the dedication of 5' of
right -of -way would be a penalty. Based on that unique situation,
he asked for a waiver of the required dedication. He suggested
that an easement would serve the same purpose, allowing him to
retain ownership, but allowing the City to accomplish what it
wanted. In response to a question by Director Adcock, Public
Works Director Chandra Russell explained that the additional 5
ft. right -of -way dedication is needed to accommodate future
sidewalks along the principal arterial street. The easement
would not be acceptable, but the City would be willing to grant a
franchise allowing him to use the property. In response to a
question by Director Kumpuris, City Attorney Tom Carpenter stated
if the right -of -way dedication is not obtained at the time the
property is rezoned, the City will have to pay for it in the
future when sidewalks are constructed on Baseline Road. Director
Hodges said the City should be consistent and comply with the
Master Street Plan, get the right -of -way now so the taxpayers
will not have to pay for it later. He also asked why this
request is before the Board of Directors, rather than the
Planning Commission. Mr. Jim Lawson, Director of Neighborhoods
and Planning, explained that as a result of a law suit several
years ago, the City Board is the only one with the authority to
waive code requirements. The Ordinance was then read the first
time. The rules were suspended and the Ordinance placed on
second reading, upon a motion and second by Directors Adcock and
Hinton, respectively, which was unanimously adopted by the Board
Members present, being nine in number and two - thirds or more of
the members of the Board of Directors - elect. Following the
second reading of the Ordinance, there was a subsequent motion
and second to suspend the rules and place the Ordinance on third
and final reading. The motion was made by Director Adcock,
seconded by Director Hinton, and unanimously adopted by the Board
Members present, being nine in number and two - thirds or more of
the members of the Board of Directors - elect. The third and final
reading of the Ordinance ensued, and a roll call vote was taken
on the question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - None; Noes - Directors Hodges, Keck,
Wyrick, Mason, Kumpuris, Adcock, Wilson, Hinton and Mayor Dailey
- total 9; Absent - Directors Sharp and Joyce - total 2.
Whereupon, Mayor Dailey announced that the Ordinance had FAILED.
Consideration was then given to Ordinance No. 16,959,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A 5 -YEAR
DEFERRAL OF THE SIDEWALK REQUIREMENT FOR UNITED ENGINES LOCATED
AT 9401 I -30 ON LOTS 3 & 5 TRIANGLE PROPERTIES INDUSTRIAL
DISTRICT, LITTLE ROCK, ARKANSAS.
Mr. Dennis Simmons, Branch Manager of United Engines, explained
that the property at Distribution Drive and I -30 was purchased
and renovated in 1992 and there was no mention of sidewalks at
that time. It is now being expanded to add additional truck shop
space. He requested a waiver of the sidewalk requirement because
there are no sidewalks on Distribution Drive nor on Production
Drive and those streets have no pedestrian traffic. Public Works
Director Chandra Russell proposed a deferral of the sidewalk
requirement rather than a waiver, stating the property is in an
area of mixed uses and staff foresees the need for sidewalks
sometime in the future. City Attorney Tom Carpenter then changed
the Ordinance to provide for a five year deferral. The Ordinance
granting the deferral 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
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Minutes
September 5, 1995
193
Mason and unanimously adopted by the Board Members present, being
nine in number and two - thirds or more of the members of the Board
of Directors - elect, and the second reading of the Ordinance
ensued. There was a subsequent motion and second by Directors
Adcock and Mason, respectively, to again suspend the rules and
place the Ordinance on third and final reading. The motion was
unanimously adopted by the Board Members present, being nine 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. Director Hodges questioned why this applicant was being
granted a deferral and the previous applicant was not offered a
deferral. City Attorney Tom Carpenter explained that this
request is connected to a building permit and the previous
request was a zoning case, and the City can require right -of -way
dedications when property is reclassified. A roll call vote was
then taken on passage of the Ordinance, which is recorded as
follows: Ayes - Directors Hodges, Keck, Wyrick, Mason, Kumpuris,
Adcock, Wilson, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Sharp and Joyce - total 2. Therefore, the
Ordinance was declared PASSED.
Ordinance No. 16,960 was the next presentation, with the
title being:
AN ORDINANCE AMENDING ORDINANCE NO. 16,649 ADOPTED BY THE
BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK ON MAY 3, 1994, TO
DIVIDE THE ABANDONED AND VACATED RIGHT -OF -WAY OF BIRCHWOOD DRIVE;
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading, upon a
motion and second by Directors Keck and Wilson, respectively,
which was unanimously adopted by the Board Members present, being
nine in number and two - thirds or more of the members of the Board
of Directors - elect. The Ordinance was then read the second time.
There was a subsequent motion by Director Mason to again suspend
the rules and place the Ordinance on third and final reading.
The motion was seconded by Director Keck and unanimously adopted
by the Board Members present, being nine in number and two - thirds
or more of the members of the Board of Directors - elect. The
Ordinance was read the third and last time, followed by a roll
call vote on passage of the Ordinance as recorded: Ayes -
Directors Hodges, Keck, Wyrick, Mason, Kumpuris, Adcock, Wilson,
Hinton, and Mayor Dailey - total 9; Noes - None; Absent -
Directors Sharp and Joyce - total 2. Therefore, the Ordinance
was declared PASSED.
Item 26 on the Agenda was tabled until October 17, 1995 (see
motion on page 1) . However, City Attorney Tom Carpenter asked
the Board of Directors to recess until Tuesday, September 12,
1995, to deal with the construction of handicap ramps ($350,000)
in order to comply with ADA requirements.
Item 27 on the Agenda was also tabled until October 17, 1995
(see motion on page 1) . Director Adcock said she would be
requesting that the storm drainage maintenance backlog ($150,000)
portion of the Resolution also be considered at the Reconvened
Meeting on Tuesday, September 12, 1995.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE TO REQUIRE THAT THE SELECTION OF PROFESSIONAL
SERVICES FOR RATE INCREASES AND BOND ISSUES BE MADE BY THE LITTLE
ROCK, ARKANSAS BOARD OF DIRECTORS; SETTING FORTH A PROCEDURE; AND
FOR OTHER PURPOSES;
(Re: Selection of bond counsel, rate increases and issuance of
bonds for municipal boards and commissions shall be made by City
of Little Rock Board of Directors.)
Z
194
Minutes
September 5, 1995
and the Ordinance was read the first time, and left on the
calendar for second reading on September 19, 1995.
Consideration was then given to Ordinance No. 16,961, with
the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV CODE SECTION 35-
26(A) TO PROVIDE FOR FIVE (5) ELECTORS TO SERVE ON THE LITTLE
ROCK WATERWORKS COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES; (Increased from 3 members to 5 members.)
and there was a first reading of the Ordinance. The rules were
suspended to provide for the second reading of the Ordinance,
upon a motion by Director Adcock, which was seconded by Director
Wilson, and unanimously adopted by the Board Members present,
being nine in number and two - thirds or more of the members of the
Board of Directors - elect. Following the second reading of the
Ordinance, Director Keck moved to 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 nine 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. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Hodges, Keck, Wyrick, Mason, Kumpuris,
Adcock, Wilson, Hinton, and Mayor Dailey - total 9; Noes - None;
Absent - Directors Joyce and Sharp - total 2. Therefore, the
Ordinance was declared PASSED.
The last item to be presented was the proposed Ordinance
that was added to the Agenda upon a motion by Director Keck (see
page 1), which was entitled:
AN ORDINANCE TO DESIGNATE AN AMERICANS WITH DISABILITIES ACT
CONSULTANT AS A PROFESSIONAL SERVICE, PURSUANT TO AUTHORITY
GRANTED IN ACT 429 OF 1995.
The Ordinance was read the first time and left on the calendar
for second reading on September 19, 1995.
Director Hodges requested that the Board of Directors
discuss the proposed Code of Ethics for the Board of Directors
and City officials at the next agenda meeting.
A short video of the Tomberlin Economic Development Project
at 2924 East 6th Street, one of the Prevention, Intervention and
Treatment Programs of FUTURE - Little Rock, was shown to the Board
of Directors.
Due to the lateness of the hour, the Board of Directors
generally agreed to recess until Tuesday, September 12, 1995 to
consider making appointments to various Boards and Commissions.
There being no further business to be presented, the Board
of Directors recessed at 10:15 o'clock P.M. to reconvene on
Tuesday, September 12, 1995, at 4:00 o'clock P.M. to consider
making appointments to various Boards and Commissions and
Resolutions providing for installation of handicap ramps (see
Item 26) and storm drainage maintenance backlog (see Item 27).
ATTEST:
(�a ozld_c,� �� __
CITY CLERK ROBBIE HANCOCK
10
APPROVED: `
%V1
Y R JIM DAILE