09-19-95L
Southwest Little Rock Community Center
6401 Baseline Road
Little Rock, Arkansas
September 19, 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, Adcock, Hodges, Keck, Joyce and
Wyrick - total 7; Absent - Directors Kumpuris, Wilson, and Hinton
- total 3. (NOTE: This was the third of four satellite Board
meetings to be held quarterly throughout the community to make
the meetings more accessible to the citizens.)
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 Keck, followed by the
Pledge of Allegiance.
There was a motion by Director Keck to add to the Agenda a
report on domestic violence after the Consent Agenda. The motion
was seconded by Director Mason and unanimously adopted.
There was a subsequent motion and second by Directors Mason
and Adcock, respectively, to add the items on the Addendum (re:
Junior Deputy Park and the noise ordinance) to the Agenda, and
the motion was unanimously adopted. (See Ordinance No. 16,973
and the proposed ordinance on Page 10.)
Mr. Michael Hutchinson, Public
an award plaque to Mayor Dailey.
Arkansas State Chamber of Commerce
Community Development Awards Prograi
City of Little Rock received the
Neighborhood Alert Center Program.
plaque and a $300 cash prize.
Relations Manager, presented
The award was given by the
at the 47th Annual Arkansas
n on September 19, 1995. The
second place award for its
The award consisted of a
Mr. Hutchinson also announced that City Manager Charles
Nickerson is in Denver, Colorado at the International City
Management Association Convention to receive the ICMA Public
Safety Program Excellence Award, which the City of Little Rock
received for its Police Home Owners Program.
(Directors Hinton and Wilson enrolled at 6:10 P.M.)
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(1) Resolution NO. 9,495, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD AN ANNUAL CONTRACT FOR THE PURCHASE OF
REMANUFACTURED ALLISON TRANSMISSIONS FOR THE DEPARTMENT OF FLEET
SERVICES; AND FOR OTHER PURPOSES. (United Engines - not to
exceed $23,000.)
(2) Resolution No. 9,496, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH LA SHER OIL COMPANY TO PROVIDE FUEL SERVICE TO
THE CITY; AND FOR OTHER PURPOSES.
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Mayor Dailey said this has gone far beyond just dealing with a
commissioner. What we are really talking about is dealing with
the future and the mission of one of our Commissions. He
supported Director Mason's suggestion that all Boards and
Commissions be reviewed. He concluded by encouraging the Board
to adopt the Resolution. Following the lengthy discussion, the
Resolution was read in full. There was a motion by Director
Adcock, seconded by Director Joyce, to adopted the Resolution,
and the Resolution was adopted by the following voice vote: Ayes
- Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Hinton, and Mayor Dailey - total 9; Noes - Director Wilson -
total 1; Abstentions - Director Hodges - total 1; Absent - None.
Director Hodges asked Assistant City Manager Cy Carney to
reschedule the Code of Ethics retreat. At the suggestion of
Director Adcock, the Board agreed to discuss the Code of Ethics
at the October 24, 1995 work session. Directors Keck and Mason
asked to work with Directors Hodges and Sharp on the Code of
Ethics.
Consideration was then given to Addendum Item 1 being
Ordinance No. 16,973, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. ORDINANCE NO. 16,894
TO AUTHORIZE THE DISPENSING OF COMPETITIVE BIDDING FOR CERTAIN
CONSTRUCTION WORK AT JUNIOR DEPUTY PARK; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Keck, seconded by Director Joyce, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously 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 second time.
There was subsequent motion and second by Directors Keck and
Adcock, respectively, to again suspend the rules and place the
Ordinance on third and final reading. The motion was adopted
unanimously 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 as
follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total
11; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total
11; Noes - None; Absent - None. Therefore, the Ordinance,
together with the Emergency Section, was declared PASSED.
Item 2 on the Addendum was the next presentation, a proposed
Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 18 SECTIONS 18- 52(2)(3) OF
LITTLE ROCK, ARK. REVISED CODE (1988), DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES; (Re: noises prohibited.)
City Attorney Tom Carpenter explained that he had received
requests for some changes to make sure that certain things are
covered by the noise ordinance. The amendment before the Board
expands the language as to what is covered by the noise ordinance
to make sure that boom boxes particularly or any other
technological changes of an audio nature would be covered by the
ordinance. The Police Chief had commented that the hours of the
ordinance make it sometimes difficult to enforce. The question
before the Board is: Do you want to keep the hours as they are
or do you want to change that? Eliminating the hours would
create some problems, such as War Memorial. Then you would have
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September 19, 1995
to set up a structure for allowing exceptions and that is where
you start implicating the First Amendment and must be careful.
He asked for direction from the Board of Directors, and suggested
the Ordinance be left on first reading. Mr. J. R. Purifoy, 32
Warren Drive, said there is a problem with the hours. In some
neighborhoods, boom boxes go 24 hours a day. The vulgar music
coming from boom boxes is embarrassing and takes away from the
dignity of the whole city when we have to listen to this type of
thing. Director Adcock said she would like to eliminate the
hours of 10:30 P.M. to 7:00 A.M. from the noise ordinance and to
include some way that War Memorial and other similar functions
can go on. Director Hinton said he was trying to have an
Ordinance in place to give police authority to issue citations
for the loud boom boxes and loud radios that come on in houses
during the night and wanted it to be a 24 hour thing. Director
Joyce suggested leaving the Ordinance on first reading in order
to get all the issues addressed in the Ordinance. Following the
lengthy discussion, the Ordinance was read the first time and
left on the calendar for second reading on October 3, 1995.
At 8:10 o'clock P.M. Mayor Dailey declared a ten minute
recess.
When the Board of Directors reconvened at 8:25 o'clock P.M.,
Mayor Dailey presided and all Directors were present.
At the time allotted for Citizen Communications, the first
speaker was Mr. Arthur Goodwin, 6605 Azalea, who spoke to the
Board about the problem with the drainage ditch on the north side
of Cloverdale Addition. He said that Public Works Department
crews have been out four times, but said they couldn't see any
problems with the ditch or his house. Mr. Goodwin said his house
is disintegrating because the ground underneath is moving toward
the ditch. The retaining wall has long since collapsed. A great
deal of work has been done on the ditch, but nothing on his side.
Mayor Dailey asked the City Manager to provide a written response
to the Board and to Mr. Goodwin.
The next speaker under Citizen Communications was Mr. Robert
"Say" McIntosh, who spoke on a number of issues: crime, loud
music, etc.
Mr. Troy LaHa, 7 Althea Circle, expressed the need for a
traffic light at Oman and Baseline Roads, which would cost
approximately $65,000. There are a lot of school children that
cross Baseline Road which is a 5 lane street. Director Wyrick
stated that she had asked the City Manager to prepare a
Resolution to install a signal light at the intersection of Oman
Road and Baseline Road, which should be on the next Agenda.
Mrs. Anne McCaleb, a member of Pulaski County Quorum Court,
stated that there will be a public hearing on October 5, 1995, at
7:00 P.M. at Mills High School on the modified application of
Arkansas Medical Waste for incineration of medical waste not only
from Arkansas, but from other states. The citizens of southwest
Little Rock have been fighting the application since 1990, and
need to attend the public hearing.
The next speaker at Citizen Communications time was Mr.
Roger Lacy, 2411 Scott Street, who spoke on behalf of Mrs. Nellie
Leonard and the East of Broadway Neighborhood Association. He
said the Association has applied for a CDBG grant for 21st Street
to try to make it a model block. He then referred to the
miscommunication about the proposed locations for an Alert Center
on 21st Street in the 300 block or the 500 block, stating the
Association preferred the 300 block. Mayor Dailey asked
Assistant City Manager Cy Carney to take a look at the 300 block
of East 21st Street and see if there was some reason that was not
pursued.
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Mrs. Maggie Lee Hawkins, 522 East 23rd Street, also spoke
regarding the East of Broadway Alert Center, saying the 500 block
of East 21st Street is fine, but there are a lot of properties
that could be acquired in the heart of the problem, and we need
to go to the heart of the problem.
Ms. Phyllis Henderson, 36 Hatfield, Chair of the ACORN
County Board, addressed the Board regarding the need for a
traffic light at Oman and Baseline Roads.
The next speaker was Mr. John Payne, 19 Caylor Lane, who
spoke about the drainage problems at Eva Lane and Caylor Lane.
Mayor Dailey asked the City Manager to provide a written response
to Mr. Payne and the Board.
Mr. Clifton Galyean, 17 Caylor Lane, also addressed the
Board of Directors about the drainage problems and street
conditions in the area of Caylor Lane and Eva Lane.
The next speaker under Citizen Communications was Mr. Nolan
Purtell, who owns a rental house at 4811 Stagecoach Road. He
said he addressed the Board on September 5, 1995, regarding the
abuses he received from the Rental Inspectors. At that time,
Mayor Dailey asked the City Manager to consider this as a study
case. Mr. Purtell said the report was given on September 12,
1995, but even though it was his house, he received no contact
from the City. The report given by Mr. Jim Lawson, Director of
Neighborhoods and Planning, contained slurs and insinuations
against him with many inaccuracies and he had no opportunity to
respond. By inference, he was treated as a slum lord. He said
Mr. Lawson's report hinted that Mr. Purtell's problems were
caused because he tried to do the work himself. Mr. Purtell said
that was not true; he hired a licensed electrical contractor, a
licensed plumber, and a contractor to do all of the other work.
He said his complaint about the Rental Inspection Program is that
every time the Rental Inspectors come out they find new problems.
Mr. Norris Green, College Station CDC and the College
Station Progressive League, asked the Board of Directors to help
with a land use issue. He said part of College Station is in the
City Limits and asked the Board to extend the zoning protection
for the areas of College Station that are outside the City Limits
since Pulaski County does not have any land use ordinances which
would prevent businesses from going in residential areas.
The next speaker was Mr. Henry Rambert, 10 Wimberly Drive,
who expressed concern for law enforcement. He said the Little
Rock Police Department has about 480 officers, with 1 captain, 2
lieutenants, and 5 sergeants that are African - Americans; and 7
captains, 32 lieutenants, and 30 sergeants that are white. He
asked the Board to address the issue of promotion of black
officers and to do something about these injustices in the Police
Department and to investigate the Civil Service Commission and
its practices. Mayor Dailey advised Mr. Rambert that the Board
does not get into personnel issues. Director Hinton asked for a
report on the advancement of Police officers.
The last speaker under Citizen Communications was Mrs. Pam
Adcock, who also spoke about the need for a traffic light at the
intersection of Baseline Road and Oman Road. Director Keck
requested Staff to provide a list of other locations that are in
need of a traffic signal. Director Adcock asked that the list
show how close these locations are to schools. Director Wyrick
asked for a copy of the traffic study for Oman Road and Baseline
Road that was submitted to the Highway Department.
At 9:08 o'clock P.M. the Board of Directors recessed to
Executive Session to consider appointments to various Boards and
Commissions.
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September 19, 1995
When the Board of Directors reconvened from Executive
Session at 9:45 o'clock P.M., Mayor Dailey presided and all
Directors were present.
Resolution No. 9,507 was presented, with the title being:
A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS MUSEUM OF
SCIENCE AND HISTORY BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION,
COMMUNITY POLICING ADVISORY COUNCIL, EDUCATION COMMISSION, AND
THE LITTLE ROCK PLANNING COMMISSION;
(Museum - Charles Barg, Diane Bray, Rita Harvey, James Hendren,
Terri Hollingsworth, Michael R. Mayton, Teresa Osam, Jane Rogers,
Joyce Warren appointed; City Beautiful - Judy Brown appointed;
Community Policing - Richard Slater and Pat Cross appointed,
Education - Patricia Young appointed; Planning - Elizabeth
(Sissi) Brandon appointed.)
and the Resolution was read in full. There was a motion by
Director Adcock, seconded by Director Wyrick, to adopt the
Resolution, and the Resolution was unanimously adopted by the
Board Members present.
There being no further business to be presented, the Board
of Directors recessed at 9:50 o'clock P.M. to reconvene on
Tuesday, September 26, 1995 at 4:00 o'clock P.M. to consider an
appointment to the Airport Commission.
ATTEST:
City Clerk Robbie Hancock
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APPROVED:
Mayor Jim Dailey
Minutes
September 19, 1995
(3) Resolution No. 91497, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH NATHANIEL SAINE CONSTRUCTION COMPANY TO ROOF THE
GRANITE MOUNTAIN RECREATION CENTER; AND FOR OTHER PURPOSES. (Not
to exceed $29,780.)
(4) Resolution No. 9,498, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH LEVY CONCRETE COMPANY TO PROVIDE READY -MIX
CONCRETE SERVICES; AND FOR OTHER PURPOSES.
(5) Resolution No. 9,499, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH DR. MARILYN BAEYANS TO PROVIDE VETERINARY
SERVICES TO THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES;
(6) Resolution No. 91500, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
PROPERTY, EDP AND BOILER INSURANCE WITH A. J. GALLAGHER; AND FOR
OTHER PURPOSES.
(7) Resolution No. 9,501, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$53,000 FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR REPAIRS
AND EQUIPMENT AT THE WAR MEMORIAL FITNESS CENTER; AND FOR OTHER
PURPOSES.
(8) Resolution No. 91502, with the title being;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT TO PURCHASE A NEW RS6000 COMPUTER FOR THE OFFICE OF
MANAGEMENT SUPPORT. (Encore Technology - not to exceed $24,800.)
(9) Resolution No. 9,503, described as:
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH JOYNER -FORD & BURKE TO REPAIR A BRIDGE ON
HILARO SPRINGS ROAD; AND FOR OTHER PURPOSES. (A 1995 Capital
Improvement Bond Project.)
(10) Removed from Consent Agenda - see Ordinance No. 16,962
below.
(11) Resolution No. 9,504, entitled:
A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON
OCTOBER 3, 1995, TO CONSIDER AN ORDINANCE AUTHORIZING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PEERLESS
ENGRAVING COMPANY.
Upon a motion by Director Adcock, which was seconded by Director
Sharp, and unanimously adopted, the Consent Agenda was dispensed
with as follows: (Items 1 - 11) Resolutions No. 9,495, 9,496,
9,497, 9,498, 9,499, 9,500, 9,501, 9,502, 9,503, and 9,504 were
read in full and unanimously adopted.
Director Keck distributed copies of the document entitled:
"Little Rock Commission on Domestic Violence - A Historic First
Step, A Call to Action - September 19, 1995, A Report to the City
of Little Rock Board of Directors and City Manager Charles
Nickerson" and then gave a brief overview. He said no action was
required at this meeting; this is a series of recommendations for
the City to begin to address the issue of domestic violence in
the City of Little Rock.
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September 19, 1995
(Director Kumpuris was enrolled at 6:20 o'clock.)
Introduced next was Ordinance No. 16,962, entitled:
AN ORDINANCE TO AUTHORIZE A SOLE SOURCE CONTRACT WITH ST.
VINCENT INFIRMARY MEDICAL CENTER TO PROVIDE MEDICAL SERVICES AT
THE NATHANIEL W. HILL COMMUNITY COMPLEX;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Items 12 and 13 on the Agenda were Ordinances to amend the
Land Use Plan in the Geyer Springs District (Re: 2-6022) and to
rezone property on the north side of the 10100 block of Mabelvale
West Road (2-6022) which were deferred until October 3, 1995, due
to a right -of -way issue.
The next presentation was Ordinance No. 16,963, described
as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE _
CHENAL DISTRICT, CHANGING VARIOUS LAND USE CLASSIFICATIONS IN AN
AREA WEST OF CHENAL PARKWAY AND NORTH OF KANIS ROAD, AND FOR
OTHER MATTERS; (Re: Z -6029)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -6019
filed by Marion Scott Foster, agent for Deltic Farm & Timber
Company, to rezone 19.35 acres on the southwest corner of Chenal
Parkway and proposed LaGrande Drive from 11R -2" Single - family
District, 11C -2" Shopping Center District and "MF -24" Multifamily
District to 110 -2" Office and Institutional District. The
reclassification was approved by the Planning Commission on
August 22, 1995. No one spoke in opposition to the rezoning and
Ordinance No. 16,964 was presented, with the title being:
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September 19, 1995
201
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 -6019 - To rezone 19.35 acres, more or less, located at Chenal
Parkway and LaGrande Drive [long legal description] from "R -2"
Single- family District, "C -2" Shopping Center District and
'IMF-2411 Multifamily District to 110-2" Office and Institutional
District.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - 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. 9,490, adopted September 5, 1995, and notice
thereof duly published in the Dailey Record on September 12,
1995, and September 19, 1995, on the petition filed by Attorney
Guy Amsler on behalf of Minnesota Mining and Manufacturing
Company (3M) to vacate a portion of the plat of Fairview Addition
and certain streets therein. Attached to the petition was a
certified copy of the plat of Fairview Addition on file in the
Pulaski County Circuit Clerk's Office and a letter from Beach
Abstract & Guaranty Company listing the last apparent owners of
record of abutting property. The street closures and vacating
the plat were approved by the Planning Commission on August 8,
1995. Mayor Dailey declared the public hearing opened. No one
was present to speak in opposition and Mayor Dailey declared the
public hearing closed. Ordinance No. 16,965 was then presented,
with the title being:
AN ORDINANCE VACATING A PORTION OF THE PLAT OF FAIRVIEW
ADDITION TO THE CITY OF LITTLE ROCK AND CLOSING THE RIGHTS -OF -WAY
OF CENTRAL AVENUE, OUACHITA AVENUE, PORTIONS OF THE RIGHT -OF -WAY
OF FLORENCE AVENUE AND FAIRVIEW AVENUE AND CLOSING PORTIONS OF
THE RIGHT -OF -WAY OF CENTER STREET, SPRING STREET, AND ALL OF THE
RIGHT -OF -WAY OF BROADWAY STREET AND ARCH STREET IN FAIRVIEW
ADDITION, ALL IN THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF
LITTLE ROCK;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
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September 19, 1995
Wilson, Hinton, Hodges and Mayor Dailey - 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. 9,491, adopted September 5, 1995, and notice
thereof duly published in the Dailey Record on September 12,
1995, and September 19, 1995, on the petition filed by Mr. Joe
White on behalf of Agape Church to vacate Turtle Creek Drive from
the south right -of -way line of St. Charles Blvd. to the north
property line of Lot 1, Agape Country Subdivision. Attached to
the petition was a certified copy of the plat of Turtle Creek
Addition on file in the Pulaski County Circuit Clerk's Office and
a letter from Beach Abstract & Guaranty Company listing the last
apparent owners of record of abutting property. The street
closure was approved by the Planning Commission on August 8,
1995. Mayor Dailey declared the public hearing opened. No one
was present to speak in opposition and Mayor Dailey declared the
public hearing closed. Ordinance No. 16,966 was then presented,
with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF TURTLE CREEK
DRIVE BETWEEN THE SOUTH RIGHT -OF -WAY LINE OF ST. CHARLES BLVD.
AND THE NORTH LINE OF LOT 1, AGAPE COUNTRY SUBDIVISION IN TURTLE
CREEK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - 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. 9,492, adopted September 5, 1995, and notice
thereof duly published in the Dailey Record on September 12,
1995, and September 19, 1995, on the petition filed by Mr. J.
William Flowers, Deputy Airport Manager, via Assistant City
Attorney Stephen Giles, on behalf of Little Rock National Airport
to vacate portions of Bond Street and East Roosevelt Road in
Bruce Industrial Acres Addition to the City of Little Rock.
Mayor Dailey declared the public hearing opened. No one was
present to speak in opposition and Mayor Dailey declared the
public hearing closed. Ordinance No. 16,967 was then presented,
with the title being:
AN ORDINANCE VACATING AND CLOSING PORTIONS OF BOND STREET
AND EAST ROOSEVELT ROAD IN BRUCE INDUSTRIAL ACRES ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS;
(Closing portions of Bond Street and East Roosevelt Road located
west of Little Rock National Airport necessary to reestablish
rights -of -way for Bond Street and the Union Pacific Railroad
which were relocated to remove obstructions in the safety area of
runway 4L.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
and unanimously adopted by the Board Members present, being
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September 19, 1995
203
eleven 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 by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,968, entitled:
AN ORDINANCE AUTHORIZING A FRANCHISE TO OTTER CREEK HOME
OWNERS ASSOCIATION TO ERECT GATES AT WIMBLEDON LOOP AT BASELINE
ROAD TO CLOSE PUBLIC VEHICULAR TRAFFIC DURING CERTAIN NIGHTTIME
HOURS;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,969,
entitled:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE
ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Adcock, which was seconded by Director Joyce,
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 second reading of the
Ordinance, there was a subsequent motion and second by Directors
Joyce and Adcock, 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 eleven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and final 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 Joyce, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges
and Mayor Dailey - total 8; Noes - Directors Keck, Wyrick and
Sharp - total 3; Absent - None. Whereupon, the Ordinance was
declared PASSED.
Zoning Application Z -6017 to rezone 4.995 acres on the south
side of Baseline Road at its intersection with Verbena Drive was
the next presentation. The application was filed by Mr. Fred J.
Gray of the Hathaway Group, agent for the Wrape Family Charitable
Trust, and the reclassification was approved by the Planning
Commission on August 22, 1995. At the request of Director
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September 19, 1995
Adcock, Mr. Gray explained the proposed development, and stated
the developer /owner will be Frazier /Page, an Arkansas partnership
comprised of Jim Frazier and Glen Page. No one spoke in
opposition to the rezoning, and Ordinance No. 16,970 was
presented, 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 -6017 - To rezone the south side of the 6800 block of Baseline
Road from "R -2" Single- family District to 110 -3" General Office
District.)
and there was a first reading of the Ordinance. Director Adcock
moved to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Joyce 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 second reading of the Ordinance ensued.
There was a subsequent motion by Director Keck, seconded by
Director Adcock, to again 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 then read the third and last
time, and a roll call vote was taken on passage of the Ordinance
with the results recorded as follows: Ayes - Directors Keck,
Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -6021,
filed by Gregory Hopkins, agent for Gerald Martindill, et al, to
rezone 5806 South University Avenue from "C -3" General Commercial
District to "C -4" Open Display District. The reclassification
was approved by the Planning Commission on August 22, 1995. No
one spoke in opposition to the rezoning, and Ordinance No. 16,971
was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -6021 - To rezone 5806 South University Avenue [Lots 1 and 2,
Whitwell Commercial Addition] from "C -3" General Commercial
District to "C -4" Open Display District.)
and there was a first reading of the Ordinance. Director Adcock
moved to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Joyce 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 second reading of the Ordinance ensued.
There was a subsequent motion by Director Keck, seconded by
Director Adcock, to again 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 then read the third and last
time, and a roll call vote was taken on passage of the Ordinance
with the results recorded as follows: Ayes - Directors Keck,
Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
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September 19, 1995
X05
Introduced next was Resolution No. 9,505, entitled:
A RESOLUTION APPOINTING UNDERWRITERS FOR THE CITY OF LITTLE
ROCK, ARKANSAS WASTE DISPOSAL REVENUE BONDS, SERIES 1995 ( "THE
BONDS ") ; AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS. (Appointing T. J. Raney /Morgan Keegan as
underwriters.)
In response to a question by Director Hodges, Attorney Ann Parker
with the Mitchell Law Firm stated there is no connection between
the 1995 bonds and the 1992/93 bond issue. Finance Director John
Pryor responded to a question by Director Sharp, stating the
amount of the bond issue is not known at this time because the
project itself has not been completely defined, but there will be
no rate increase until 1997, in accordance with the Board's
previous Resolution. The Resolution was then read in full.
There was a motion by Director Adcock to adopt the Resolution.
The motion was seconded by Director Sharp and the Resolution was
unanimously adopted.
The next presentation was a proposed Ordinance, entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION
2 -243 (1988) TO CONFORM TO AMENDMENTS OF THE ARKANSAS CODE; TO
RECOGNIZE ACCOUNTING SERVICES AS A PROFESSIONAL SERVICE FOR THE
CITY OF LITTLE ROCK, ARKANSAS AND ITS VARIOUS BOARDS AND
COMMISSIONS; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time and left on the
calendar for second reading on October 3, 1995. (City Attorney
Tom Carpenter explained the Statute requires that for a
professional service to be declared by the Board, it must occur
in a public meeting and be read on two different occasions and
must be approved by a two - thirds vote of the Board.)
Introduced next 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: Outside agencies, boards or
commissions with authority to issue bonds or make rate
increases.)
and the Ordinance was read the second time, having been read the
first time on September 5, 1995. Director Hodges questioned City
Attorney Tom Carpenter about how the committee is selected. Mr.
Carpenter responded that under the Statute, the City Manager
would be responsible for selecting the committee. If a
Commission indicates a desire for a bond issue a Resolution would
be adopted within that Commission (outside agencies - Water,
Sewer, Airport, Port Authority and Advertising and Promotion),
the City Manager would be notified, and he would then appoint a
committee of five or seven members to set as a selection
committee. A RFQ would be published, and when the response was
received, the committee would make the selection. The City
Manager would chair the underwriter selection committee and the
City Attorney would chair the bond counsel selection committee.
The Finance Director would serve on both selection committees.
Director Kumpuris asked that representatives of the outside
agencies attend the next meeting to make a statement regarding
the selection of professional services. In response to a
question by Director Mason, Mr. Carpenter responded that only
certain boards and commissions have statutory authority to
request bond issues. The proposed Ordinance remained on the
calendar for third and final reading on October 3, 1995.
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Minutes
September 19, 1995
Consideration was then given to Ordinance No. 16,972, with
the title being:
AN ORDINANCE TO DESIGNATE AN AMERICANS WITH DISABILITIES ACT
CONSULTANT AS A PROFESSIONAL SERVICE, PURSUANT TO AUTHORITY
GRANTED IN ACT 429 OF 1995;
and the Ordinance was read the second time, with the first
reading having occurred on September 5, 1995. There was a motion
by Director Adcock, seconded by Director Sharp, 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 then 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris,
Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes
- None; Absent - None. Therefore, the Ordinance was declared
PASSED.
The next presentation was Resolution No. 9,506, described
as:
A RESOLUTION DIRECTING CITY STAFF TO PREPARE A REPORT FOR
THE BOARD OF DIRECTORS OF THE ISSUES THAT NEED TO BE REVIEWED AND
DISCUSSED IF THE CITY WISHES TO MAINTAIN THE CURRENT STRUCTURE OF
THE LITTLE ROCK NATIONAL AIRPORT COMMISSION, WISHES TO ABOLISH
THE COMMISSION, OR WISHES TO RECONSTITUTE THE COMMISSION; AND FOR
OTHER PURPOSES.
Director Hodges made a statement that he would abstain from
discussing or voting on matters pertaining to Airport
Commissioner Perlesta "Les" Hollingsworth, since he and Mr.
Hollingsworth, in their capacities as attorneys, represent
opposing litigants in a pending court case. (See Minutes of
8- 15 -95, 9 -5 -95 and 9- 12 -95.) In an effort to avoid even the
appearance of a conflict of interest, Director Hodges decided to
abstain from voting on the abolishment of the Airport Commission.
City Attorney Tom Carpenter gave a brief overview of the
Resolution. Director Keck asked that all options of
privatization of the Airport operation be explored. There was a
general agreement to add a phrase to Section 1(h) "and to explore
all options including privatization of Airport operations." Mr.
Carpenter asked that the record ref lect that the Board is quite
aware that there are outstanding bond issues that have made
contractual obligations to bond holders, that the City is always
going to remain responsible for the Airport and its efficient
management in order to assure that the bonds are repaid.
Privatization takes that responsibility away from the City and
essentially gives it to another entity. That is not your
intention in looking at what is involved. The record should
reflect that the Board of Directors would never do anything that
would jeopardize the integrity of the bond issue. Director
Adcock asked if the City Manager or City Attorney could be
appointed to the Airport Commission as an interim appointment to
fill the vacancy created by the resignation of Mr. Gaston Gibson.
Mr. Carpenter responded that the vacancy created by the
resignation of Mr. Gibson requires a aeronautical license. Mr.
John Flake has an aeronautical rating but it is not current. So
he really did not know the answer to that question. Director
Wilson felt the appointment should be made from those that have
applied. Mr. Robert "Say" McIntosh made a brief statement. Mr.
Macy Butler, 5007 West 30th Street, spoke against the issue,
saying don't lose sight of the priorities. Director Keck asked
that Airport Manager Deborah Ledwell be given the opportunity to
address the Board on this issue. Mrs. Ledwell read a prepared
statement and responded to questions. Director Keck requested a
copy of the Minutes of the Airport Commission meeting when they
are available. Directors Sharp and Mason commended Mrs. Ledwell.
9