11-21-955"G
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 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 in attendance: Directors Sharp,
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, and
Joyce - total 9; Absent - Director Wyrick - total 1.
With a quorum present, Mayor Dailey declared the Board
of Directors in session and the proceedings of the meeting
are recorded as follows.
The invocation was given by Director Sharp, followed by
the Pledge of Allegiance.
(Director Wyrick was enrolled at 6:05 P.M.)
A thirty (30) minute public hearing had been scheduled
for this time and place regarding the proposed expansion of
the BFI Landfill (formerly Worth James Landfill), located on
Mabelvale Pike (as requested by Director Joyce at the Agenda
meeting on 11- 14 -96). Notice of the public hearing was
advertised on the City of Little Rock Government Access
Cable TV Channel 11. At 6:05 o'clock P.M. Mayor Dailey
declared the public hearing open. Those speaking in
opposition to the proposed expansion were: Mr. Charlie
Coleman speaking on behalf of Coleman Dairy and Associated
Milk Producers, Inc., who own property across the road from
BFI; Mrs. Ruth Bell, representing the Pulaski County League
of Women Voters; Ms. Linda Heffington, 5301 West 57th
Street; Joa Humphrey, 5022 West 56th Street; Woodrow Little,
18 Rolling Lane; Verlene Williamson, 4615 Gum Springs Road;
Don Ridgway, 5112 Primrose Lane; Mrs. Pam Adcock, president
of the Cloverdale Neighborhood Association; and Mr. Darrell
Durham of the Geyer Springs Neighborhood Association. Mr.
Coleman said that in 1988 when Worth James Trust was seeking
to expand the landfill, there was a public hearing before
the Pulaski County Quorum Court, and Coleman Dairy voiced
opposition to the landfill at that hearing. Before the
Quorum Court was a Resolution opposing the landfill
expansion and the Resolution was approved. Later the Worth
James Landfill was transferred to BFI (Browning- Ferris
Industries). Mr. Coleman cited problems with ground water
contamination and flooding. Mrs. Bell said the landfill
would create a mountain of trash in the middle of the
wetlands park in Fourche Wetlands. Mrs. Humphrey displayed
pictures of trash scattered up and down the road and
pictures taken before and after the flood on 9 -13 -78 (the
day of the deluge per the Arkansas Democrat). She concluded
by stating the landfill is a plague to society and the
neighborhood "and we want it stopped." Mr. Chuck Nestrud,
attorney for BFI, stated that since BFI has owned the
landfill, there have been no expansions that have impacted
the floodplain. This is the first expansion that would have
that type of impact and BFI has worked closely with the City
of Little Rock and the Corps of Engineers to make sure the
proposal would mitigate any impact on the floodway. Mr. Tom
Boston, speaking on behalf of BFI, said BFI would do
everything it could to insure that there is not a negative
impact on the area, either environmentally or socially. Mr.
Purifoy, president of the Geyer Springs Neighborhood
Association, stated that if something isn't done now, in a
few years there will be a mountain out there, and asked the
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November 21, 1995
City to help find the right solution. Mayor Dailey declared
the public hearing closed at 6:30 o'clock P.M.
Mayor Dailey stated that the issue of the reinstatement
of Jeanette Kearney to the Racial & Cultural Diversity
Commission would be considered at the next Board of
Directors meeting.
Consideration was then given to the Consent Agenda.
City Attorney Tom Carpenter stated that Item 35 on the
Agenda was listed as a Ordinance authorizing the issuance of
waste Disposal Revenue Bonds, but has been changed to a
Resolution to set the date for a public hearing on December
5, 1995, to consider the Ordinance authorizing the issuance
of the bonds, and asked that the Resolution be included in
the Consent Agenda. Therefore, Item 35 was added to the
Consent Agenda, which consisted of the following items:
(2) Resolution No. 9,549, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO ARKANSAS MUNICIPAL
LEAGUE FOR VEHICLE LIABILITY INSURANCE COVERAGE.
(3) Resolution No. 9,550, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF BODY
ARMOR FOR THE LITTLE ROCK POLICE DEPARTMENT. (Direct Police
Sales - not to exceed $25,487.50.)
(4) Resolution No. 9,551, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF DIGITAL
PAGER SERVICE FOR THE POLICE DEPARTMENT. (Alltel Mobil -
not to exceed $23,715 per year.)
(5) Resolution No. 9,552, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE 1988 CAPITAL IMPROVEMENT BOND FUND PROCEEDS FOR THE
PURCHASE OF PROPERTY AT 3223 ARCH STREET AND TO MAKE
IMPROVEMENTS FOR STORAGE FOR THE DEPARTMENT OF PARKS AND
RECREATION. (To be used for Adopt -A -Park storage.)
(6) Resolution No. 9,553, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH IBM FOR THE PURCHASE OF A NEW RS6000
COMPUTER FOR THE OFFICE OF MANAGEMENT SUPPORT; REPEALING
RESOLUTION NO. 9,502.
(7) Resolution No. 9,554, described as:
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; TO REPEAL RESOLUTION NO. 9,485
(SEPTEMBER 5, 1995); AND FOR OTHER PURPOSES.
(8) Resolution No. 9,555, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO ZARN, INC. FOR THE
PURCHASE OF 2,500 SOLID WASTE SUPER CARTS FOR THE DEPARTMENT
OF PUBLIC WORKS.
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Minutes
November 21, 1995
(35) Resolution No. 9,556, with the title being:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING
TO CONSIDER THE ISSUANCE OF WASTE DISPOSAL REVENUE BONDS BY
THE CITY OF LITTLE ROCK, ARKANSAS, AND AUTHORIZING A BOND
PURCHASE AGREEMENT. (December 5, 1995 - 6:00 P.M.)
Upon a motion by Director Sharp, which was seconded by
Director Adcock, the Consent Agenda was dispensed with as
follows: Resolutions No. 9,549, 9,550, 9,551, 9,552, 9,553,
9,554, 9,555, and 9,556 were read in full and unanimously
adopted.
Item 9 on the Agenda was a motion requested by Director
Hinton to rescind the motion of 10 -17 -95 regarding the Task
Force for Youth and the Million Man March. Mayor Dailey
stated that City Attorney Tom Carpenter had suggested that
the motion direct the City Manager to fulfill the terms of
the contract with the Youth Task Force concerning the
Million Man March. Director Adcock moved that Item 9 be
tabled and the motion was seconded by Director Joyce.
Director Keck questioned if a motion could be tabled. Mr.
Carpenter said yes, a motion could be tabled. Director
Mason then questioned if the motion could be tabled before
there was a second to the motion. Mr. Carpenter stated that
at the Agenda Meeting Director Hinton requested the motion
be placed on the Agenda for discussion, but at the moment
there was no motion on the table to be tabled. Director
Hinton then moved "to rescind the motion of October 16,
1995, which requested the Task Force for Youth to make every
effort to reimburse the City of the $5,000 expended for the
Million Man March to Washington, DC on October 16, 1995, and
to direct the City Manager to fulfill the terms of a
contract with the Youth Task Force concerning the Million
Man March, in order to assure that he receive a report on
that event from the Youth Task Force and that he direct that
television programs for KCLR be produced which include youth
in attendance at the event discussing the meaning of the
event and its positive influence and how the positive
aspects of the event can be put to use by the youth in the
City of Little Rock." Director Mason seconded the motion
and then read a prepared statement in which he challenged
the youth who participated in the Million Man March to
"engage in activities that foster and enhance youth
development; to galvanize your neighborhood, community and
city; to lead by example, to accentuate the positive,
eliminate the negative aspects of your life, and finally, to
learn from your past, stimulate your present and develop
your future!" Director Adcock again moved to table the
motion made by Director Hinton, and Director Joyce seconded
the motion. A roll call vote was taken on the motion and
second made by Directors Adcock and Joyce, respectively,
with the results recorded as follows: Ayes - Directors
Adcock, Hodges, Joyce - total 3; Noes - Directors Sharp,
Mason, Kumpuris, Wilson, Hinton, Keck, Wyrick and Mayor
Dailey - total S. Whereupon, Mayor Dailey announced that
Director Adcock's motion FAILED and Director Hinton's motion
was still on the floor. Director Sharp then read a proposed
Resolution entitled: "A RESOLUTION TO STATE THE INTENT OF
THE BOARD OF DIRECTORS TO ASSURE THAT ANY FUNDS EXPENDED BY
THE YOUTH TASK FORCE BE FOR PROJECTS AVAILABLE TO ALL
INTERESTED PERSONS REGARDLESS OF RACE, COLOR, CREED,
NATIONAL ORIGIN, OR ECONOMIC CIRCUMSTANCES; AND FOR OTHER
PURPOSES." Director Wilson stated that she didn't think any
of the Directors intended for the kids to get out and wash
cars to pay back the $5,000. She understood the funds would
be paid back by private funds. Mr. Terence Bolden, a member
of the Youth Task Force, spoke in support of the motion to
rescind the motion of October 17, 1995. Mr. Chris Ellison
said he did attend the Million Man March, and he thanked the
Board of Directors for bringing up the issue to rescind the
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Minutes
November 21, 1995
previous action. Mr. Robert "Say" Xclntosh also spoke on
the issue. A roll call vote was then taken on Director
Hinton's motion, with the results recorded as follows:
Ayes - Directors Sharp, Mason, Kumpuris, Wilson, Hinton,
Keck, and Mayor Dailey - total 7; Noes - Directors Adcock,
Hodges, Joyce and Wyrick - total 4. Therefore, the motion
was adopted. Director Joyce requested a report from the
youth that went on the trip and what they got from it.
Director Keck stated that the Youth Task Force was in the
process of getting a written report from the 33 young men
and copies would be available to Board Members. Director
Sharp then moved that his Resolution be added to the Agenda.
There was no second to the motion, therefore, Director
Sharp's Resolution was not placed on the Agenda.
(Director Hodges was excused at 7:00 o'clock P.M.)
Item 10 on the Agenda was a public hearing regarding
the intent to abolish the Little Rock Municipal Airport
Commission and create an Aviation Department under the
direction of the City Manager. (See Minutes of 8- 15 -95,
9 -5 -95, 9 -12 -95 and 9- 19 -95.) Mayor Dailey declared the
public hearing open. City Manager Charles Nickerson
explained his written report to the Board of Directors (as
directed by Resolution No. 9,506, adopted September 19,
1995), in which he recommended that the Board of Directors
abolish the Airport Commission and reconstitute it. City
Attorney Tom Carpenter cautioned the Board of Directors that
the Resolution before the Board is a Resolution of Intent
only, stating "you are not free to abolish the Commission
tonight." To do so will require some changes in some
documents related to two different Bond issues. The second
issue is: there are documents with the Department of
Transportation that were executed in order to secure certain
grants from the Secretary of Transportation at the Airport.
Formal approval from the Secretary of Transportation should
be obtained. Mr. Bob Wimberley, 6502 Pleasant Place,
recommended that the Board close down the present Airport
Commission and reconstitute it. Mr. Gary Smith, a member of
the Airport Commission, addressed the Board, stating there
is no simple solution to this and that he did take
exceptions to the City Manager's report. This is a critical
time as it relates to the Airport. This proposal is bad
public policy. He concluded by asking the Board of
Directors to stay with the Airport Commission. Mrs. Kathy
Wells stated that public confidence has been shattered and
recommended that the Board of Directors remove for cause Les
Hollingsworth from the Airport Commission and Brad Walker
from the Planning Commission because both are guilty of
conflicts of interest. Mrs. Lottie Shackelford, Chair of
the Airport Commission, said members of the Airport
Commission asked the question, "what do we do as a
commission, how do we respond to what is going on ?" For a
time we didn't do anything. We decided to wait for
direction from the Board of Directors. We tried to do
everything we could to regain public trust. We have a very
good airport manager, and we are very pleased with her
(referring to Deborah Ledwell) . Mr. John Flake, another
member of the Airport Commission, also took exception to the
City Manager's report. He was concerned with the economic
development issues regarding the Airport. The airlines are
extremely concerned about the issue. He concluded by asking
the Board to give this issue very serious thought. Mr. John
Lewellen addressed the Board, stating he supported the
comments made by Mrs. Shackelford, Mr. Flake and Mr. Smith,
and urged the Board not to set this very dangerous precedent
and to leave the Airport Commission in tact. Director
Kumpuris said he agreed that the "do right" rule is one all
should be governed by, but it is hard to know what the "do
right" is in this situation. The process has been followed
and it is time to put the issue at rest. Mayor Dailey then
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November 21, 1995
263
declared the public hearing closed at 7:50 o'clock P.M. and
the proposed Resolution was presented, with the title being:
A RESOLUTION OF INTENT TO ABOLISH THE LITTLE ROCK
MUNICIPAL AIRPORT COMMISSION AND CREATE AN AVIATION
DEPARTMENT UNDER THE DIRECTION OF THE CITY MANAGER;
REQUESTING AN ELECTION OF BOND HOLDERS TO ACCOMPLISH THIS
CHANGE IN THE FORMATION OF THE COMMISSION; DIRECTING THE
CITY MANAGER TO NOTIFY THE SECRETARY OF TRANSPORTATION OF
THE INTENT TO TAKE THIS ACTION; AND FOR OTHER PURPOSES.
There was a reading of the Resolution, followed by a motion
by Director Adcock to adopt the Resolution. The motion did
not receive a second, therefore, no action was taken on the
proposed Resolution. Director Keck asked for a report on
the expansion of the Airport Commission. City Attorney Tom
Carpenter said state legislation would be required to expand
the Airport Commission. Director Adcock requested that the
Board declare Mr. Carpenter's position on the Airport
Commission vacant so that he can get back to his regular
duties. Mayor Dailey said he would be making that
recommendation in the near future. (Note: Mr. Carpenter
was appointed to the Airport Commission on September 26,
1995, to fill the unexpired term of Mr. Gaston Gibson, said
term expiring December 31, 1995 - see Resolution No. 9,508.)
Mayor Dailey declared a ten minute recess at 7:55
o'clock P.M. When the Board of Directors reconvened at 8:10
o'clock P.M., Mayor Dailey presided and all Directors were
present.
Item 11 on the Agenda was a public hearing on a
proposed Ordinance establishing a Code of Ethics for City
Officials of the City of Little Rock, Arkansas, including
all Boards and Commissions. At 8:10 o'clock P.M. Mayor
Dailey declared the public hearing open. Speaking in
support of the Code of Ethics were Mrs. Ruth Bell of the
League of Women Voters of Pulaski County, Mrs. Joa Humphrey,
and Mrs. Pam Adcock. Mr. Jim Lynch, co -chair of the Little
Rock New Party Steering Committee, read a prepared statement
which included recommendations for improving the draft
ordinance, particularly regarding campaign contributions.
Mrs. Eva Harris said she agreed with Mr. Lynch, that
campaign contributions should be included in the Code of
Ethics. Mr. Bruce Wesson, president of the Museum of
Science and History Board, expressed a need for dialogue on
this issue as it might relate to fund raising for the Museum
(see Section 5 -B - Disclosure and Conflict of Interest),
stating some of the members of the Museum Board might have
to resign if the Code of Ethics is adopted because they are
bound by confidentiality agreements. City Attorney Tom
Carpenter thought Section 6. - Advisory Opinions would cover
that issue. Mrs. Kathy Wells asked for clarification of
some of the language. Director Keck asked Mr. Carpenter to
provide a report outlining the options regarding the ethics
ordinance and what the Board can and cannot do regarding the
campaign law. After some discussion, Board Members
generally agreed to have another public hearing in two weeks
after revisions have been made to the proposed Ordinance.
Therefore, the Ordinance was not read and the public hearing
was continued to December 5, 1995.
Item 12 on the Agenda was a proposed Ordinance on
second reading entitled: AN ORDINANCE AMENDING CHAPTER 31
OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS, PROVIDING FOR A WAIVER FROM THE REQUIREMENTS TO
DEDICATE ADDITIONAL RIGHT -OF -WAY FOR A RIGHT TURN LANE ON
CHENAL PARKWAY AND TO ADDRESS OTHER ISSUES CONCERNING THE
1990 PCD APPROVAL FOR ONE SOURCE HOME CENTER AMENDED LONG -
FORM PCD (2- 4933 -D), LOCATED AT 15707 CHENAL PARKWAY, LITTLE
ROCK, ARKANSAS. (NOTE: Items 12, 13. 14. and 15 regarding
One Source Home Center PCD were read as one Ordinance on
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Minutes
November 21, 1995
November 7, 2995, and left on the calendar for second
reading on November 21, 1995, but were divided into separate
ordinances for the second reading.) City Attorney Tom
Carpenter asked that Item 12 be deferred until December 51
1995. Public Works Director Chandra Russell stated that at
this point it appears there will be an agreement.
Consideration was then given to Item 13 on the Agenda,
which was a proposed Ordinance described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF STREET AND SIDEWALK IMPROVEMENTS ALONG THE
KANIS ROAD FRONTAGE OF THE SITE AND TO ADDRESS OTHER ISSUES
CONCERNING THE 1990 PCD APPROVAL FOR ONE SOURCE HOME CENTER
AMENDED LONG -FORM PCD (Z- 4933 -D), LOCATED AT 15707 CHENAL
PARKWAY, LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
Mr. Olan Asbury, representing One Source Home Center,
addressed the Board of Directors, stating that One Source
has agreed to four of the six improvements required by
Public Works. The two remaining are the median contribution
on Chenal and the improvements the landowner is required to
make on Kanis Road, which are really legal issues. Attorney
Chris Parker, representing the property owner, said he
wasn't sure a waiver is needed. Mr. Parker said Public
Works staff says because there was no explicit document
waiving any improvements to Kanis Road when the Board
approved the 1990 PCD, that issue continues to be
unresolved. Mr. Parker disagreed, saying the language of
the PCD Ordinance as it existed in 1990 is just the
opposite. The text of the ordinance that was in place in
1990 stated that if the preliminary application was
approved, a post preliminary application conference would be
held to discuss what changes were required by the Board of
Directors and staff would inform the applicant of any plan
alterations or additional information which must be
submitted. That was never done. The indication of the text
is that the Board in 1990 didn't require that any Kanis Road
improvements be conducted. That is consistent with the PCD
plat as approved. The plat deals with the Kanis Road
frontage by specifying a new right -of -way line and
specifically stating that 30 ft. between that new right -of-
way line and the building would be a natural buffer. The
issue has been resolved by the City and any Kanis Road
improvements have been waived. That is proven by the fact
the developer after this approval was able to get a building
permit and a certificate of occupancy. Under the ordinance
at that time, no one would have been able to get those
permits if this was a requirement that had not been met.
Secondly, there is nothing about this particular application
under the text of the present ordinances that would
authorize any new Kanis Road improvements. There is nothing
in the PCD ordinance that would require it. One Source is
specifically exempted from the replatting requirements under
the Subdivision Ordinance. Finally, the present Master
Street Ordinance doesn't require that this road be a
collector. There is no provision at all for requiring
boundary street improvements up to a collector status on a
road that isn't a collector. He concluded by stating he did
not believe there is any authority for requiring Kanis Road
improvements, because it was waived explicitly in the 1990
PCD and there is nothing in what is being done now that
would re- trigger that. Mr. Parker said the second issue is
the question of the curb cut on Chenal, the reconfiguration
of Chenal, and a cash contribution of $20,000. He said the
1990 PCD specifically said the median would be removed at
the City's expense, which was part of the agreement with the
property owner when he agreed to dedicate the minor arterial
road to the east. And there is no authority for the City to
require the contribution now. Public Works Director Chandra
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November 21, 1995
x_'65
Russell said regardless of what the Master Street Plan shows
for Kanis, anytime you get into a commercial subdivision,
you go to the commercial standard which is the collector
standard for 36 ft. pavement, so that is a moot issue. City
Attorney Tom Carpenter said the applicant's argument is that
since the City was silent that constitutes a waiver. But
the City's argument is that a waiver is an affirmative
action and only,the4Board of Directors °hassthe authority to
grant a waiver. Mr. Carpenter said they know this Board has
not waived that as a part of the PCD according to the
documents he has seen. Mrs. Russell then explained "the
nexus for the $20,000 is that our ordinance includes
boundary street improvements. Those are measured to the
center line of the right -of -way or the centerline of the
pavement. In this particular instance, those are identical
so it is clearly a boundary street improvement. What you
see on this is that different lots on the north side have
different prices. We say they touch two corners therefore
they are $40,000. All you see by dividing it between the
different lots is a flexible payment plan that the staff and
the developer agreed upon. Staff realized it would be
difficult for him to pay the $40,000 up front, so we allowed
him to pay a portion of it." The Ordinance was then read
the second time, having been read the first time on November
7, 1995. There was a motion by Director Adcock, seconded by
Director Joyce, to 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, and the Ordinance was read the third and last
time. A roll call vote was taken on passage of the
Ordinance which is recorded as follows: Ayes - Directors
Sharp, Kumpuris, and Keck - total 3; Noes - Directors Mason,
Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor
Dailey - total 8. Whereupon, the Ordinance FAILED.
The next presentation was Ordinance No. 17,012, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE
FOR A $20,000 PAYMENT TOWARDS THE COST OF CONSTRUCTION FOR
THE INTERSECTION OF CHENAL PARKWAY AND THE FUTURE EAST
BOUNDARY STREET IN LIEU OF ANY OTHER REQUIREMENTS; AS
PLAINTIFF RELATES TO THE 1990 PCD APPROVAL FOR ONE - SOURCE
HOME CENTER AMENDED LONG -FORM PCD (Z- 4933 -D) AND LOCATED AT
15707 CHENAL PARKWAY, LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
and the Ordinance was read the second time, having been read
the first time on November 7, 1995. (See discussion for
Item 13 above.) There was a motion and second by Directors
Keck and Adcock, respectively, to 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 taken on passage
of the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,013, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR IMPROVEMENTS TO THE FUTURE EAST BOUNDARY STREET WHICH
ARE IN EXCESS OF THOSE AGREED -TO IMPROVEMENTS IN THE 1990
PCD APPROVAL FOR ONE SOURCE HOME CENTER AMENDED LONG -FORM
PCD (Z- 4933 -D), LOCATED AT 15707 CHENAL PARKWAY, LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
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Minutes
November 21, 1995
Russell said regardless of what the Master Street Plan shows
for Kanis, anytime you get into a commercial subdivision,
you go to the commercial standard which is the collector
standard for 36 ft. pavement, so that is a moot issue. City
Attorney Tom Carpenter said the applicant's argument is that
since the City was silent that constitutes a waiver. But
the City's argument is that a waiver is an affirmative
action and only the Board of Directors has the authority to
grant a waiver. Mr. Carpenter said they know this Board has
not waived that as a part of the PCD according to the
documents he has seen. Mrs. Russell then explained "the
nexus for the $20,000 is that our ordinance includes
boundary street improvements. Those are measured to the
center line of the right -of -way or the centerline of the
pavement. in this particular instance, those are identical
so it is clearly a boundary street improvement. What you
see on this is that different lots on the north side have
different prices. We say they touch two corners therefore
they are $40,000. All you see by dividing it between the
different lots is a flexible payment plan that the staff and
the developer agreed upon. Staff realized it would be
difficult for him to pay the $40,000 up front, so we allowed
him to pay a portion of it." The Ordinance was then read
the second time, having been read the first time on November
7, 1995. There was a motion by Director Adcock, seconded by
Director Joyce, to 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, and the Ordinance was read the third and last
time. A roll call vote was taken on passage of the
Ordinance which is recorded as follows: Ayes - Directors
Sharp, Kumpuris, and Keck - total 3; Noes - Directors Mason,
Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick and Mayor
Dailey - total 8. Whereupon, the Ordinance FAILED.
The next presentation was Ordinance No. 17,012, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE
FOR A $20,000 PAYMENT TOWARDS THE COST OF CONSTRUCTION FOR
THE INTERSECTION OF CHENAL PARKWAY AND THE FUTURE EAST
BOUNDARY STREET IN LIEU OF ANY OTHER REQUIREMENTS; AS
PLAINTIFF RELATES TO THE 1990 PCD APPROVAL FOR ONE - SOURCE
HOME CENTER AMENDED LONG -FORM PCD (Z- 4933 -D) AND LOCATED AT
15707 CHENAL PARKWAY, LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
and the Ordinance was read the second time, having been read
the first time on November 7, 1995. (See discussion for
Item 13 above.) There was a motion and second by Directors
Keck and Adcock, respectively, to 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 taken on passage
of the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,013, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR IMPROVEMENTS TO THE FUTURE EAST BOUNDARY STREET WHICH
ARE IN EXCESS OF THOSE AGREED -TO IMPROVEMENTS IN THE 1990
PCD APPROVAL FOR ONE SOURCE HOME CENTER AMENDED LONG -FORM
PCD (Z- 4933 -D), LOCATED AT 15707 CHENAL PARKWAY, LITTLE
ROCK, ARKANSAS; AND FOR OTHER PURPOSES;
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Minutes
November 21, 1995
?67
and the Ordinance was read the second time, having been read
the first time on November 7, 1995. (See discussion for
Item 13 above.) There was a motion and second by Directors
Keck and Adcock, respectively, to 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 andstwo- 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 as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,014,
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED TEN -MILE
HOUSE LONG -FORM PRD (Z- 5908), LOCATED AT 6915 STAGECOACH
ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER
36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND
FOR OTHER PURPOSES;
and the Ordinance was read the first time. 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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Item 17 on the Agenda was a proposed Ordinance
providing for a deferral of the requirement to dedicate
right -of -way along Stagecoach Road for Ten -Mile House Long
Form PRD (Z -5908) at 6915 Stagecoach Road, Little Rock,
Arkansas. The Ordinance was deferred for six (6) months in
order to give the applicant opportunity to talk to the
Arkansas Highway and Transportation Department about future
plans for realignment of Stagecoach Road.
The next presentation was Ordinance No. 17,015, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF THE REQUIREMENT TO PROVIDE AN ALL - WEATHER
DRIVING SURFACE AT INTERNAL DRIVEWAY AND PARKING AREAS FOR
TEN -MILE HOUSE LONG FORM PRD (2- 5908), LOCATED AT 6915
STAGECOACH ROAD, LITTLE ROCK, ARKANSAS;
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 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 and second by Directors Keck and Adcock,
E:.
•i
Minutes
November 21, 1995
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 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 Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,016, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE GEYER SPRINGS DISTRICT, CHANGING AN AREA FROM MIXED
RESIDENTIAL TO OFFICE ALONG THE NORTHWEST BOUNDARY OF
MABELVALE AND FOR OTHER MATTERS; (Re: Z -6011)
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,017,
described:
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 -6011 - To rezone property located on the north side of
the 10100 block of Mabelvale West Road from "R -2" Single -
family District to 110-3" General Office District.)
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
N
Minutes
November 21, 1995
269
Introduced next was Ordinance No. 17,018, entitled:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - COMMERCIAL DISTRICT
TITLED B. F. PROPERTIES LONG -FORM PD -C (Z- 6054), AND LOCATED
AT THE SOUTHWEST CORNER OF THE STAGECOACH RD.- CRYSTAL VALLEY
RD. 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;
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,019, with
the title being:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - OFFICE DISTRICT TITLED
JEHOVAH'S WITNESSES KINGDOM HALL SHORT -FORM PD-0 (Z- 6055),
AND LOCATED AT THE EAST END OF PIN OAK DR. , ONE BLOCK EAST
OF PEACE VALLEY ROAD AND TWO BLOCKS NORTH OF MABELVALE CUT-
OFF, 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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
T Consideration was then given to Ordinance No. 17,020,
described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE GEYER SPRINGS WEST DISTRICT AND OTTER CREEK DISTRICT,
CHANGING VARIOUS LAND USE CLASSIFICATIONS IN THE MABELVALE
AND ALEXANDER PORTIONS OF SOUTHWEST LITTLE ROCK AND FOR
OTHER MATTERS;
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November 21, 1995
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and
Mayor Dailey - total 10; Noes - None; Abstentions - Director
Wyrick - total 1; Absent - None. Whereupon, the Ordinance
was declared PASSED.
Introduced next was Ordinance No. 17,021, entitled:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
REMOVING MIDTOWN AND RECLASSIFYING PORTIONS OF SCOTT
HAMILTON AND WOODROW, AND FOR OTHER MATTERS;
(Midtown from Arkansas River to I -30 Interchange; Scott
Hamilton changed to minor arterial south of 65th St. and
collector north of 65th St.; Woodrow changed to minor
arterial from I -630 to Wright Ave.; also repeals Ordinance
No. 15,968.)
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,022, with
the title being:
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519)
ADDING A SECTION 6: BICYCLE PLAN, MODIFYING SECTION 5:
AUTHORITY, JURISDICTION AND ENFORCEMENT; AND FOR OTHER
MATTERS;
(Also repeals Ordinance No. 13,578 - Little Rock Bikeway
System Master Plan.)
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 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 and second by Directors Keck and Adcock,
11
Minutes
November 21, 1995
27 1
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 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 Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and
Mayor Dailey - total 10; Noes - None; Abstentions - Director
Wyrick - total 1; Absent - None. Whereupon, the Ordinance
was declared PASSED.
Consideration was then given to Ordinance No. 17,023,
described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF THE SIDEWALK REQUIREMENTS FOR NAPA AUTO
PARTS LOCATED AT 7400 ENMAR DRIVE, LITTLE ROCK, ARKANSAS;
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 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 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
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
Item 22 on the Agenda was a proposed Ordinance,
entitled:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - OFFICE DISTRICT TITLED
WORSHAM SHORT -FORM PD -O (2- 6038 -A), LOCATED AT 2300 S. PINE
STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES.
Mr. Jim Lawson, Director of Neighborhoods and Planning,
explained that the concern of staff is that the Land Use
Plan calls for single - family use and the applicant wants a
beauty shop, which would have a long -term impact on the
area. The Ordinance was then read the first time, after
which the rules were suspended to provide for the second
reading of the Ordinance. The motion to suspend the rules
was made by Director Adcock, 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 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 eleven in number and two - thirds or
more of the members of the Board of Directors- elect, and the
final reading of the Ordinance ensued. A roll call vote was
taken on passage of the Ordinance with the results recorded
as follows: Ayes - None; Noes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
12
272
Nlinutes
November 21, 1995
Wyrick and Mayor Dailey - total 11; Absent - None.
Whereupon, Mayor Dailey announced that the Ordinance FAILED.
Due to the failure of the Ordinance to establish
Worsham Short -Form PD-0 (Z- 6038 -A), no action was taken on
the following related Ordinances:
Item #21 - AN ORDINANCE TO AMEND THE CITY LAND USE PLAN
(16,222) IN THE I -630 DISTRICT, CHANGING AN AREA EITHER SIDE
OF 23RD STREET, WEST OF PINE STREET FROM SINGLE FAMILY TO
MIXED USED, AND FOR OTHER MATTERS. (Re: 2- 6038 -A - Worsham
Short -Form PD -O.)
Item #23 - AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR A WAIVER OF THE REQUIREMENT TO PROVIDE ONE -
HALF STREET IMPROVEMENTS ON S. PINE ST. FOR WORSHAM SHORT -
FORM PD-0 (Z- 6038 -A), LOCATED AT 2300 S. PINE STREET, LITTLE
ROCK, ARKANSAS.
Item #24 - AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR A WAIVER OF THE REQUIREMENT TO RECONSTRUCT THE
CURB RADIUS TO MASTER STREET PLAN STANDARD AT THE SOUTH PINE
ST. /W. 23RD ST. INTERSECTION FOR WORSHAM SHORT -FORM PD-0 (Z-
6038-A), LOCATED AT 2300 S. PINE STREET, LITTLE ROCK,
ARKANSAS.
Item #25 - AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR A WAIVER OF THE REQUIREMENT TO PROVIDE a
WORSHAM SHORT -FORM PD -O (Z- 6038 -A), SIDEWALK ALONG THE S.
PINE ST. AND W. 23RD ST. FRONTAGES FOR LOCATED AT 2300 S.
PINE STREET, LITTLE ROCK, ARKANSAS.
Consideration was then given to a proposed Ordinance,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF THE BOUNDARY STREET IMPROVEMENTS
REQUIREMENTS FOR LOTS 4, 5, AND 6, COX SUBDIVISION OF TAYLOR
AND BODEMAN'S ADDITION, LOCATED AT 1624 SOUTH UNIVERSITY,
LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first
suspended and the Ordinance placed on
motion by Director Adcock, which was
Sharp, and unanimously adopted by the
being eleven in number and two - thirds
of the Board of Directors - elect.
reading of the Ordinance, there was a
second by Directors Adcock and Keck,
suspend the rules and place the Ordina
reading. The motion was unanimously
Members present, being eleven in nun
more of the members of the Board of Di
time. The rules were
second reading, upon a
seconded by Director
Board Members present,
Dr more of the members
Following the second
subsequent motion and
- espectively, to again
nce on third and final
adopted by the Board
per and two - thirds or
rectors - 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 - None; Noes -
Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11;
Absent - None. Whereupon, Mayor Dailey announced that the
Ordinance FAILED.
(Note: The preceding Ordinance
No. 17,024 and the error was
Ordinances had been numbered and
was marked "VOID" and placed in
13
was inadvertently assigned
not discovered until all
distributed. The Ordinance
the official records.)
Minutes
November 21, 1995
?73
Introduced next was Ordinance No. 17,025, described as:
AN ORDINANCE APPROVING THE AMENDED PETITION FOR TWIN
LAKES RECREATION IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK,
ARKANSAS; ENLARGING THE PURPOSES FOR WHICH THE DISTRICT WAS
FORMED; ASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS
OF PROPERTY WITHIN THE DISTRICT; AND FOR OTHER PURPOSES;
and there was a'first reading of the Ordinance. Director
Keck moved to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Sharp
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 by Director
Keck, seconded by Director Adcock, 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 final
reading of the Ordinance ensued. A voice vote was then
taken on the question, Shall the Ordinance Pass, which is
recorded as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,026,
entitled:
AN ORDINANCE APPROPRIATING $190,000 FROM THE CITY'S
EXCESS INTEREST EARNINGS ACCOUNT OF THE 1988 CAPITAL
IMPROVEMENT BOND FUND TO PROVIDE ADDITIONAL FUNDING FOR THE
NEIGHBORHOOD STREETS PROJECTS;
and the Ordinance was 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 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 and second by Directors Adcock and Joyce,
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 Ordinance was read the
third and last time. A voice vote was taken on passage of
the Ordinance, with the results recorded as follows: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 17,027,
described as:
AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO
PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS
LOUISIANA GAS COMPANY FOR THE YEAR 1996; PROVIDING FOR THE
PAYMENT THEREOF;
and the Ordinance was 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 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 and second by Directors Adcock and Joyce,
respectively, to again suspend the rules and place the
14
274
Minutes
November 21, 1995
Ordinance on third and final reading. The motion was
unanimously adopted by the Board Members present, being
eleven in number and two - thirds or more of the members of
the Board of Directors - elect, and the Ordinance was read the
third and last time. A voice vote was taken on passage of
the Ordinance, with the results recorded as follows: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Introduced next was Ordinance No. 17,028, with the
title being:
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT
OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK,
ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD
OF PAYMENT THEREOF BEGINNING IN 1996; AMENDING SECTION 9 OF
ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES;
and the Ordinance was 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 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 and second by Directors Adcock and Joyce,
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 Ordinance was read the
third and last time. A voice vote was taken on passage of
the Ordinance, with the results recorded as follows: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 17,029,
entitled:
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE
PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR
1996; AND PROVIDING FOR THE PAYMENT THEREOF;
and the Ordinance was 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 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 and second by Directors Adcock and Joyce,
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 Ordinance was read the
third and last time. A voice vote was taken on passage of
the Ordinance, with the results recorded as follows: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges,
Keck, Joyce, and Mayor Dailey - total 9; Noes - None;
Abstentions - Directors Wilson and Wyrick - total 2; Absent
- None. Therefore, the Ordinance was declared PASSED.
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Minutes
November 21, 1995
L_
Consideration was then given to Ordinance No. 17,030, with
the title being:
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND
CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY
ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG
DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS;
AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
PURPOSES;
and the Ordinance was 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 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 and second by Directors Adcock and Joyce,
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 Ordinance was read the
third and last time. A voice vote was taken on passage of
the Ordinance, with the results recorded as follows: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges,
Keck, Joyce, and Mayor Dailey - total 9; Noes - None;
Abstentions - Directors Wilson and Wyrick - total 2; Absent
- None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,031, described as
AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995
BUDGET ORDINANCE); APPROPRIATING FUNDS FOR THE CHILDREN'S
MUSEUM OF ARKANSAS; AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT; AND FOR OTHER PURPOSES.
Speaking in support of the Ordinance were Mr. Greg Barnes,
Ms. Nancy Marks, and Mr. Larry Walther, members of the Board
of the Children's Museum. Mr. John Bailey responded to
questions by Director Kumpuris. Director Joyce raised
questions regarding advertising and fund raising efforts.
There was a brief discussion among Board members. The
Ordinance was then read the first time. (Director Mason
recused from voting on the Ordinance because his wife is on
the Children's Museum Board.) The rules were suspended and
the Ordinance placed on second reading upon a motion by
Director Adcock, which was seconded by Director Sharp 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 Keck 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 last reading of the Ordinance ensued. A roll call
vote was taken on passage of the Ordinance with the results
recorded as follows: Ayes - Directors Sharp, Kumpuris,
Adcock, Wilson, Hinton, Keck, Joyce, and Wyrick — total 8;
Noes - Director Hodges and Mayor Dailey - total 2;
Abstentions - Director Mason - total 1. Whereupon, the
Ordinance was declared PASSED.
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Minutes
November 21, 1995
The next presentation was Ordinance No. 17,032, with
the title being:
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 STRUCTURES; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
Mr. K. Hassan Al- Ugdah, 1900 South Pulaski, addressed the
Board of Directors regarding property at 424 East 21st
Street, requesting additional time to complete repairs on
the structure. The Board of Directors agreed to a sixty
(60) day administrative waiver for the property at 424 East
21st Street. The Ordinance was then read the first time.
There was a motion to suspend the rules and place the
Ordinance on second reading. The motion was made by
Director Mason, seconded by Director Adcock, and unanimously
adopted by the Board Members present, being eleven in number
and two - thirds or more of the members of the Board of
Directors - elect, and the Ordinance was read the second time.
There was a subsequent motion and second by Directors Adcock
and Wilson, respectively, to again suspend the rules and
place the Ordinance on third and final reading. Following
the third and last reading of the Ordinance, a roll call
vote was taken on the question, Shall the Ordinance Pass:
Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson,
Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey -
total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Sharp, Mason, Kumpuris,
Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and
Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance, together with the Emergency
Clause, was declared PASSED.
Item 45 on the Agenda was a proposed Resolution
entitled:
A RESOLUTION DIRECTING THE CITY MANAGER TO NEGOTIATE A
LEASE WITH HEALTHSOURCE ARKANSAS FOR PROPERTY LOCATED AT THE
SOUTH END OF EXECUTIVE COURT FOR CONSTRUCTION OF A PARKING
LOT.
(Mayor Dailey and Director Kumpuris recused from discussion
and voting on this matter. Mayor Dailey has a minority
partnership in a piece of real estate with Mr. Daryl Coker,
the applicant, and Director Kumpuris is a part of the health
plan.) Mr. Daryl Coker, President of Spradley and Coker,
addressed the Board on behalf of Spradley and Coker and
HealthSource Arkansas, tenants in the building at 333
Executive Court, for which the parking lot is needed. Mr.
Coker said they have far exceeded the 90 parking spaces
available and the property is landlocked. Therefore, they
have tried to find a creative solution to the problem, which
would be to take land directly south of the building which
is in the floodplain and build a parking lot approximately
60 ft. wide by 200 ft. long and would park 40 -44 cars.
There were a number of issues to be addressed - Corps of
Engineers, environmental issues, Dept. of Interior, FEMA.
All of those issues have been worked out. The Corps of
Engineers required that the parking lot be built on level
land without any fill and with no obstructions (bumper
blocks or shrubbery) that would impede the flow of water -
in effect, a substandard parking lot. The lot would be used
by employees only during work hours, and there would be an
evacuation plan in case of flooding, since this would be in
the floodway. Mrs. Ruth Bell, representing the League of
Women Voters, stated this is a massive drainage project and
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