12-05-95r.'
Parkview Arts & Science Magnet
High School
2501 John Barrow Road
Little Rock, Arkansas
December 5, 1995 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Directors
present: Directors Mason, Adcock, Wilson, Hinton, Hodges, Keck,
Joyce and Wyrick - total 8; Absent - Directors Sharp and Kumpuris
- total 2. (Note: This was the last 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 Mason, followed by the
Pledge of Allegiance.
Mayor Dailey announced that Item 12 (re: BFI Landfill) on
the Consent Agenda would be removed from the Consent Agenda and
considered separately. The Consent Agenda was then presented,
consisting of the following items:
(1) Resolution No. 9,558, entitled:
A RESOLUTION CHANGING THE NAME OF THAT PORTION OF
VALLEY DRIVE FROM MABELVALE CUTOFF SOUTH TO YORKWOOD DRIVE TO
EXCALIBUR DRIVE.
(2) Resolution No. 9,559, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT TO PROVIDE $106,100 IN HOME PROGRAM FUNDS TO LITTLE
ROCK COMMUNITY MENTAL HEALTH CENTER FOR RENOVATION OF THE THREE
(3) STRUCTURES AT 105 SOUTH BATTERY STREET.
(3) Resolution No. 9,560, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT TO PROVIDE $52,000 IN HOME FUNDS TO WOODRUFF
COMMUNITY DEVELOPMENT CORPORATION FOR ACQUISITION OF THE LOT AT
2501 WEST 6TH STREET, HOUSE RELOCATION, REHABILITATION, AND
SUBSEQUENT SALE OF THE STRUCTURE TO A LOW - INCOME FIRST TIME
HOMEBUYER.
(4) Resolution No. 9,561, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
THE QUESTION OF THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS BY THE
CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC
FACILITIES BOARD. (For improvements to the Riverfront Park
amphitheater at LaHarpe Blvd. and East Markham Street.) (Public -
hearing date - December 19, 1995.)
Minutes
December 5, 1995
?93
(Sale of Tract E -3, Area 101 to Waste Management of Arkansas,
Inc. for a recycling location.)
and there was a full reading of the Resolution. Director Hinton
moved for the adoption of the Resolution. The motion was
seconded by Director Joyce, and the Resolution was unanimously
adopted by the Board Members present.
Item 32 on the Agenda was a continuation of the public
hearing held on November 21, 1996, regarding a proposed Ordinance
establishing a Code of Ethics for City Officials of the City of
Little Rock, Arkansas. The first speaker was Ms. Paula Edwards,
President of the American Federation of State, County and
Municipal Employees (AFSCME) Council 38 and a member of the
Little Rock New Party. She said the Ordinance is unfair because
it allows City Directors who receive thousands of dollars in
political contributions from businesses to vote on items that
benefit the owners of these private for - profit companies. But it
prohibits directors who are volunteer board members of non-
profits from voting on contracts with these non - profits which are
organized to improve life in the community. She urged the Board
to remove language in the Ordinance defining non - profit
organizations as business entities, and suggested that directors
should recuse themselves only if they are employed by non - profits
or if the contract with the City will create a job for them. She
also urged the Board to include language which restricts the time
which requires additional disclosure of campaign contributions
and which limits the time period in which City Directors may
begin collecting campaign contributions. Director Keck asked if
there were any sample ethics ordinances available that also deal
with the issue of Board Member and Staff relationships, what is
considered proper and improper under the City Manager Form of
Government. Since the Board has adopted a policy dealing with
that issue, should that be part of the Code of Ethics? Director
Hodges said he didn't recall anything that addressed that issue.
City Attorney Tom Carpenter addressed the concern about the non-
profit aspect of the Ordinance, what constitutes a conflict of
interest, stating all this is requiring is that a person not vote
on an issue that is self - dealing. Director Hodges said he has
prepared a Resolution of intent to seek legislation that permits
a local government to adopt certain campaign finance reforms for
local elections. (See Resolution No. 9,571 below.) At this time
the City Board does not have the authority to limit the time
period for accepting campaign contributions. Following the
lengthy discussion, Director Kumpuris asked that City Attorney
Tom Carpenter read into the record the questions in the letter
from Bill Bradshaw, Executive Director of the Arkansas Museum of
Science and History, and to answer those questions. Mr.
Carpenter said there are four concerns raised dealing with
Section 5A of the Code. (1) The Museum Board has no decision -
making authority over city actions, so why is it being held
accountable for actions of the city as a whole; (2) if a Museum
Trustee works for a large company, there is no way he or she can
be aware of all possible interactions of his or her employer and
the City of Little Rock; (3) if a Trustee is aware of discussions
between a client or his or her employer and the city (for
example, legal and tax issues), disclosure may require the
Trustee to break confidentiality requirements of their clients;
and (4) the city operations are so vast, keeping up with the city
interactions of all family members of the Trustee will be
impossible and would add a hardship on the entire family of a
Museum Trustee. Mr. Carpenter's response: (1) if a Board Member
is voting on a contract in which he would have a direct or
indirect financial interest in the award of that contract, then
he should abstain; (2) what is required is that the Board Member
be aware of interactions between the employer and the Museum
Board essentially; (3) two answers: (a) the City doesn't have any
confidentiality situations in legal and tax issues, and (b) the
issue has been changed in the last draft to disclosing the nature
of the involvement and all it does is require abstention (do not
14
294
Minutes
December 5, 1995
vote and do not participate in discussion); and (4) basically it
says that if you know that your brother is about to get a chunk
of change out of the contract, you don't need to be voting on it.
Mr. Carpenter pointed out that the draft (11- 29 -95) has a
Section 6 - ADVISORY OPINIONS and a bracketed Section 6 -
OPINIONS ON CONFLICT OF INTEREST. The bracketed Section 6 was
prepared to answer the concerns raised last week, and the Board
needs to decide which Section 6 to include in the Ordinance.
There was a motion by Director Hodges, seconded by Director
Adcock, to adopt the Code of Ethics with the bracketed Section 6.
The motion was unanimously adopted, and Ordinance No. 17,050 was _-
presented, with the title being:
AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR THE CITY
OFFICIALS OF THE CITY OF LITTLE ROCK, ARKANSAS (CITY OF LITTLE
ROCK CODE OF ETHICS);
and the Ordinance was read the first time. The rules were
suspended to provide for the second reading of the Ordinance,
upon a motion by Director Keck, which was seconded by Director
Adcock and unanimously adopted by the Board Members present,
being ten in number and two - thirds or more of the members of the
Board of Directors - elect. Following the 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
adopted unanimously by the Board Members present, being ten in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and 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 -
Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and
Mayor Dailey - total 9; Noes - Director Wilson - total 1; Absent
- Director Sharp - total 1. Therefore, the Ordinance was
declared PASSED.
Director Hodges moved to add his proposed Resolution (as
referenced above) to the Agenda. The motion was seconded by
Director Kumpuris and unanimously adopted. Therefore, Resolution
No. 9,571 was presented, with the title being:
A RESOLUTION OF INTENT TO SEEK LEGISLATION THAT PERMITS A
LOCAL GOVERNMENT TO ADOPT CERTAIN CAMPAIGN FINANCE REFORMS FOR
LOCAL ELECTIONS; AND FOR OTHER PURPOSES.
Following the reading of the Resolution, there was a motion by
Director Hodges, seconded by Director Keck, to adopt the
Resolution. The Resolution was adopted unanimously by the Board
Members present.
The Addendum to the Agenda listed Items 32 -A and 32 -B
dealing with the residency requirement for City employees.
Consideration was then given to Item 32 -A, which was Resolution
No. 9,572, entitled:
A RESOLUTION TO REPEAL THE RESIDENCY REQUIREMENT FOR PERSONS
SEEKING EMPLOYMENT WITH THE CITY OF LITTLE ROCK, ARKANSAS, AS SET
FORTH IN LITTLE ROCK, ARK. RESOLUTION NO. 9,073 (JANUARY 4,
1994); AND FOR OTHER PURPOSES.
(See Minutes of March 21, 1995 - pages 2 and 3.)
City Manager Charles Nickerson made a staff report, stating he
was in favor of the residency requirement and felt the benefits
outweighed the disadvantages, but would support a county
residency requirement as a compromise. He referred to a report
from the Personnel Department (dated November 20, 1995),
regarding a number of residency requirement issues. Personnel
Director Britt Rice responded to questions by Director Adcock.
Mr. Gene Tucker spoke in support of the Resolution, stating that
15
Minutes
December 5, 1995
?95
the residency requirement was not really justified and urged the
Board to rescind that requirement. Mr. Stephen W. Taylor, a
member of the Little Rock Fraternal Order of Police, was opposed
to the residency requirement and to the expanded area residency.
Speaking on behalf of the FOP, he urged the Board to give a vote
of confidence to all City employees and repeal the residency
requirement. He was upset about a comment made by a former Board
Member that employees that live in the City care more about the
City than employees that are not residents. Mr. Dale Charles was
opposed to repealing or expanding the residency requirement. Ms.
Mollie Wiseman read a letter from Johnny Pugh, State Chair of
ACORN, urging the Board of Directors to keep the residency
requirement. Ms. Paula Edwards said she was split on the issue
of residency. Mr. Mike Daugherty felt that officers or employees
would be a lot more sensitive to the issues if they lived in the
City. Mr. John Lewellen urged the Board to give the residency
requirement a chance. Mr. John Walker said he had mixed feelings
about the residency requirement, but asked the Board to support
retention of the residency requirement. Director Keck then spoke
in support of the Resolution, saying there are enough incentives
to encourage employees to reside within the City, but to mandate
that they be residents was wrong. Following the lengthy
discussion, there was a motion by Director Keck, seconded by
Director Wyrick, to adopt the Resolution. Mayor Dailey said he
would vote to repeal the residency requirement, and would support
the Pulaski County residency proposal. A roll call vote was
taken on adoption of the Resolution as follows: Ayes - Directors
Mason, Kumpuris, Hodges, Keck, Joyce, Wyrick and Mayor Dailey -
total 7; Noes - Directors Adcock, Wilson and Hinton - total 3;
Absent - Director Sharp - total 1. Whereupon, the Resolution was
adopted.
Item 33 -B on the Agenda was a Resolution to amend the
residency requirement to provide that employees reside within the
boundaries of Pulaski County. Since the residency requirement
was repealed by Resolution No. 9,572 above, Director Adcock moved
to amend the proposed Resolution "to impose residency
requirement" and to delete the reference to Resolution No. 9,073
of January 4, 1995. The motion was seconded by Director Hinton.
A roll call vote was taken on the motion to amend the proposed
Resolution, with the vote recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, and Mayor Dailey - total
6; Noes - Directors Hodges, Keck, Joyce and Wyrick - total 4;
Absent - Director Sharp - total 1. Therefore, the proposed
Resolution was amended. Director Keck asked that the Board
reconvene on Tuesday, December 11, 1995, to consider the
Resolution imposing the Pulaski County residency requirement, in
order that Board Members could study the impact of the proposed
Resolution. (Attorney John Walker interrupted the discussion to
inform the Board that as he left the building he was accosted by
the police officer that spoke earlier, who confronted him about
the comments he made before the Board of Directors. Mr. Walker
said as a public citizen he had the right to appear before the
Board of Directors and not be accosted by a police officer or
anyone else as he started to leave after stating his point of
view. Mayor Dailey asked City Manager Charles Nickerson to check
into the matter.) Director Keck then moved that Item 33 -B - the
Resolution imposing the Pulaski County residency requirement - be
deferred until the reconvened meeting on Tuesday, December 12,
1995. The motion was seconded by Director Wilson. The roll call
vote on the motion is recorded as follows: Ayes - Directors
Mason, Kumpuris, Wilson, Hodges, Keck, Joyce, Wyrick and Mayor
Dailey - total 8; Noes - Directors Adcock and Hinton - total 2;
Absent - Director Sharp - total 1. Therefore, the proposed
Resolution imposing Pulaski County residency for City employees
was deferred until Tuesday, December 12, 1995.
16
296
Minutes
December 5, 1995
Consideration was then given to Item 34 which was a
Resolution entitled:
A RESOLUTION TO ESTABLISH A DEADLINE TO APPLY FOR POSITIONS
ON BOARDS AND COMMISSIONS SELECTED BY THE LITTLE ROCK BOARD OF
DIRECTORS; AND FOR OTHER PURPOSES.
(Requiring that resumes and applications for an appointment to a
vacancy on any City board or commission be submitted to the City
Clerk by 5:00 P.M. on Wednesday immediately preceding the agenda
session for the Board of Directors meeting at which such
appointment is to be made. By majority vote before any session
to consider appointments, the Board can announce its intent to
consider an untimely application.)
Director Adcock noted that Barbara Douglas, President of the
Coalition of Little Rock Neighborhoods, had to leave the meeting
but had provided Board Members with a letter in which she
recommended that eight votes rather than a simple majority be
required to consider late applicants. In response to Director
Adcock's question regarding the deadline, Assistant City Clerk
Vanessa Sykes stated that she needed a deadline for accepting
resumes and applications in order to get the appointment
information compiled and distributed to the Board in a timely
manner, preferably two weeks before the scheduled appointment
date. The problem with resumes coming in after the appointment
packet is distributed is that there is no assurance that every
Board Member has copies of the additional resumes when the Board
goes into Executive Session to consider appointments. Some
resumes are even submitted on the day of the Board Meeting.
Following the reading of the Resolution, a roll call vote was
taken on adoption of the Resolution as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Joyce and Wyrick - total
7; Noes - Directors Hodges, Keck and Mayor Dailey - total 3;
Absent - Director Sharp - total 1. Whereupon, the Resolution was
adopted. NOS: Item 34 on the Agenda was listed as a Resolution
to establish a deadline to apply for positions on Boards and
Commissions, and the Resolution was adopted. However, the next
day the City Clerk realized the error on the Agenda, that it was
an Ordinance instead of Resolution. City Attorney Tom Carpenter
advised the City Clerk to let the record reflect the first
reading of the Ordinance and have the second reading at the
reconvened meeting on Tuesday, December 12, 1995. (Director
Hodges objected to the reference in Mrs. Douglas' letter that
Larry Lichty was inappropriately appointed to the Planning
Commission [he submitted his resume on the day of the Board
Meeting at which the appointment was made]. Director Hodges
stated that prior to this action there had been no formal
procedure or set guidelines for appointment to the Planning
Commission.)
At 11:05 o'clock P.M. the Board of Directors recessed to
Executive Session to consider appointments to various Boards and
Commissions.
When the Board of Directors reconvened at 11:30 o'clock
P.M., Mayor Dailey presided and all Directors were present except
Director Sharp.
Consideration was then given to Resolution No. 9,573,
entitled:
A RESOLUTION AUTHORIZING THE REINSTATEMENT OF PHYLLIS HODGES
AND APPOINTING RHONDA ELIZABETH SHARP TO THE RACIAL AND CULTURAL
DIVERSITY COMMISSION;
and the Resolution was read in full. There was a motion by
Director Adcock to adopt the Resolution. The motion was seconded
by Director Mason and the Resolution was unanimously adopted.
17
Minutes
December 5, 1995
l9 !
The last matter to be considered was Resolution No. 9,574
with the title being:
A RESOLUTION APPOINTING MR. F. TAYLOR BROWN TO THE LITTLE
ROCK NATIONAL AIRPORT COMMISSION;
and the Resolution was read in full. There was a motion by
Director Adcock to adopt the Resolution. The motion was seconded
by Director Mason and the Resolution was unanimously adopted.
---- There being no further business to be presented, the Board
of Directors recessed at 11:33 o'clock P.M. to reconvene on
Tuesday, December 12, 1995 at 4:00 P.M. to consider: (1)
settlement of a land use issue; (2) Pulaski County residency
requirement for City employees, (3) reinstatement of Rebecca
Finney to the Board of Adjustment, and (4) the second reading of
Item 34 establishing a deadline to apply for positions on Boards
and Commissions.
ATTEST: APPROVED: ~
Qom.,
City Clerk Robbie Hancock a or Jim Dailey
18
Minutes
December 5, 1995
281
(5) Resolution No. 91562, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$175,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR THE
CHILDREN'S ZOO PROJECT; AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN ARCHITECTURAL, ENGINEERING AND MARKETING SERVICES
CONTRACT WITH CLR DESIGN, IN THE AMOUNT OF $155,300 TO PREPARE A
MASTER PLAN AND A MARKETING PLAN FOR THE CHILDREN'S ZOO.
(6) Resolution No. 91563, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$100,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR THE
STAGECOACH SOCCER COMPLEX; AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH CARTER - BURGESS IN THE AMOUNT OF
$87,380 FOR ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES FOR
THE STAGECOACH SOCCER COMPLEX.
(7) Resolution No. 9,564, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN ENGINEERING SERVICES CONTRACT WITH CDI CONSULTANTS, INC. FOR
THE PRELIMINARY DESIGN OF THE RECONSTRUCTION OF 17TH, OAK AND
MAPLE STREETS, A 1988 CAPITAL IMPROVEMENT BOND PROJECT.
(8) Resolution No. 9,565, described as:
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD), THE CITIES OF LITTLE ROCK AND NORTH
LITTLE ROCK, PULASKI COUNTY, AND THE PULASKI COUNTY ENTERPRISE
COMMUNITY ALLIANCE.
(9) Resolution No. 9,566, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF
AMERICAN FIBER INDUSTRIES, LLC TO PARTICIPATE IN THE ARKANSAS
ENTERPRISE ZONE PROGRAM. (Located at 9501 Frazier Pike.)
(10) Resolution No. 9,567, entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF
ARKANSAS SYSTEMS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS
ENTERPRISE ZONE PROGRAM. (To be located at Chenal Parkway and
Systems Drive.)
(11) Resolution No. 9,568, described as:
A RESOLUTION AMENDING RESOLUTION NO. 9,319, TO CHANGE
THE ALLOCATION OF OUR CLUB MONIES FROM HOOVER UNITED METHODIST
CHURCH OUR CLUB SITE TO THE WATERSHED OUR CLUB SITE; AND FOR
OTHER PURPOSES.
Upon a motion by Director Adcock, which was seconded by Director
Keck and unanimously adopted, the Consent Agenda was dispensed
with as follows: (Items 1 through 11) Resolutions No. 9,558,
9,559, 9,560, 9,561, 9,562, 9,563, 9,564, 9,565, 9,566, 9,567,
and 9,568 were read in full and adopted.
(Director Kumpuris enrolled at 6:07 o'clock P.M.)
Director Joyce presented a Certificate of Appreciation to
the Westwood Neighborhood Alert Center Neighbors Make A
Difference Clean -Up Committee.
282
Minutes
December 5, 1995
Mr. Marvin Owens presented a plaque from the Pankey New Life
Center to Mr. Bill Bunten, Director of Parks and Recreation, in
appreciation for his assistance in providing tents, tables, and a
concession stand for the Pankey Fair Day on October 21, 1995.
Mr. Bryan Day gave a report on the very successful City of
Little Rock 1996 United Way Campaign and introduced Mr. Leon
Matthews, Executive Director of Pulaski County United Way, who
spoke briefly to the Board of Directors. He expressed
appreciation to the City of Little Rock employees for a 60%
increase in contributions. Mr. Day then presented Certificates
of Appreciation to the department coordinators that were present:
David Lutz - Office of Management Support; Andre Bernard -
General Services; Ellen Adcock - Public Works Department; John
Hutchison - Police Department; Nancy Norton - Parks and
Recreation; and Anthony Bell - Fleet Services. Three departments
received special recognition: Finance Department had 93% of its
employees participate; Parks & Recreation Department increased
contributions by 104% and had a 300% increase in participation;
Police Department had the highest contribution and raised over
$10,000. John Pryor, Bill Bunten, and David Rowan accepted for
the respective departments.
At the time allotted for Citj
speaker was Ms. Lula Watson, 506 i
who addressed the Board of Dire
Animal Control Division putting li
of letting people adopt them. Sr
bull puppies at the Animal Shelter
but cannot because the City has ar
adoption of pit bull dogs in the
Dailey asked Assistant City Manage
Director Chandra Russell to visit
into changing the Ordinance.
zen Communications, the first
ennia, North Little Rock, AR,
:tors about the Little Rock
-tle animals to sleep instead
e said there are several pit
that she would like to adopt
Ordinance that prohibits the
City of Little Rock. Mayor
r Cy Carney and Public Works
with Mrs. Watson and to look
The next speaker under Citizen Communications was Mr. Robert
"Say" McIntosh. He said the people of Little Rock need to let
the Little Rock School District know we want our kids to come
first and that parents need to get involved.
Mr. Charles Ring, Executive Director of the Arkansas
Regional Minority Suppliers Council, spoke on the issue of the
discrimination on Valley Drive. He commended the Board of
Directors for changing the name of Valley Drive from Mabelvale
Cutoff south to Yorkwood Drive. (See Resolution No. 9,558
above.) When he called a major pizza delivery business, he was
told that it was corporate policy not to make deliveries on
Valley Drive. He encouraged the Board to do the right thing in
eliminating redlining, which denies minorities and disadvantaged
people the opportunity for jobs, franchising and self
empowerment. He volunteered to work with City leaders in making
changes. Mayor Dailey suggested he contact the Little Rock
Racial and Cultural Diversity Commission.
Ms. Paula Edwards, President of the American Federation of
State, County and Municipal Employees (AFSCME) Council 38 and a
member of the Little Rock New Party, addressed the issue of the
non - negotiations taking place with non - uniform employees. She
said City Manager Charles Nickerson and Personnel Director Britt
Rice emphasize that they want equality and fairness for the
police and fire departments, but at the same time they close
their minds when it comes to the non - uniformed employees. The
status of the AFSCME contract is at a standstill. She said
AFSCME was willing to negotiate a new contract but some ground
rules would have to be established in case of an impasse, that if
an agreement cannot be reached, it would go to FMCS, and then to
an arbitrator. However, the City would not agree to the
arbitrator. She concluded by asking the Board to assist in
resolving this matter in a positive manner. Mayor Dailey asked
3
Minutes
December 5, 1995
283
City Manager Charles Nickerson to provide the Board with a status
report on this issue at the next Agenda meeting.
Mr. Bennie Johnson was the next speaker under Citizen
Communications. He spoke on the issue of black on black crime.
He also asked the Mayor and Vice Mayor to investigate why Police
Chief Lou Caudell "�is not promoting blacks
p q an y police officers,
stating "we need equality in the Police Department." Mayor
Dailey asked the City Manager to provide Mr. Johnson with a copy
of a report by Chief Caudell and the City Manager that resulted
from the same questions Mr. Johnson asked.
Consideration was then given to Item 12, which had been
removed from the Consent Agenda to be considered separately,
being Resolution No. 9,569, described as follows:
A RESOLUTION EXPRESSING THE OPPOSITION OF THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO AN APPLICATION
FOR A PERMIT TO BFI, INC., TO OPERATE AN EXPANDED SOLID WASTE
DISPOSAL FACILITY; AND FOR OTHER PURPOSES.
The first speaker was Mr. Tom Boston, representing BFI (Browning
Ferris Industries, Inc.), who spoke in opposition to the proposed
Resolution and explained some of the issues. He said there is a
lack of landfill disposal in the area and the facilities that BFI
has been utilizing have asked them to either cut back or
completely cease bringing waste to those facilities. He stated
that businesses and industries check on disposal capacity when
considering moving to an area. He also stated that BFI is
willing to give back to the community by providing wildlife
areas, similar to the one BFI has in Memphis. In conclusion he
stated that BFI has covered all the environmental, technical, and
regulatory aspects associated with the facility. The next
speaker was Mr. Chuck Nestrud, attorney for BFI, who also spoke
against the Resolution. He referred to his letter to the Board
dated December 1, 1995, in which he outlined the issues. He
asked Board Members to keep an open mind and listen only to the
facts. He requested that emotional and legal arguments be
supported by facts. Mr. Nestrud referred to the commitments that
were made when the BFI property was annexed to the City of Little
Rock as part of the Fourche Island Annexation on November 1, 1994
(see Ordinance No. 16, 771) , and the impact of the annexation on
the BFI landfill. He said that at that time he was told the
landfill would come in as a non - conforming use and no rezoning
would be required to allow BFI continuous operation. BFI could
expand within the current boundaries and not be in violation of
the non - conforming use ordinance. (See Minutes of 11- 1 -94.) He
stated that from the time of the annexation, the Public Works
Department has expressed some concern over the loss of flood
storage capacity as a result of landfill operations that were
conducted at the facility prior to BFI acquiring the property
(formerly the Worth James Landfill). In response to that
concern, BFI designed its expansion to add over 600 acre feet of
flood storage capacity to the flood zone in that area. This
expansion will not have an adverse effect on the flood storage
capacity. He concluded by urging the Board to investigate the
facts before voting on the Resolution. Mrs. Ruth Bell,
representing the League of Women Voters of Pulaski County, spoke
in support of the Resolution. She said the City should get in
writing exactly what BFI is willing to do, in support of the
Fourche Wetlands Park. She concluded by asking the Board to look
at the total picture and vote for the Resolution. Also speaking
in opposition was Mr. Charles Coleman, representing his father,
W. C. Buddy Coleman, who owns 118 acres directly across Mabelvale
Pike from the BFI Landfill, and Associated Milk Producers, which
owns 9 acres of contiguous property in the same area. He said
the last time he was before the Board he set forth 6 areas where
BFI had failed to comply with regulations and these were serious
violations per PC &E. He urged the Board to vote for the
Resolution. Mrs. Joa Humphrey, a resident of southwest Little
0
284
Minutes
December 5, 1995
Rock, stated she was very disturbed about the landfill in the
middle of the floodway. She stated that she and her neighbors
for 23 years have done everything they could do to get rid of the
landfill. She appealed to the Board to pass the Resolution. Mr.
Hugh Earnest, 212 Kingsrow, also asked the Board to vote for the
Resolution and stop the landfill expansion. During a lengthy
discussion, Planning Director Jim Lawson, Public Works Director
Chandra Russell, and City Attorney Tom Carpenter responded to
questions by Director Keck. Responding to Director Keck's
question regarding the public comment time before the Department
of Pollution Control and Ecology, Director Joyce stated that the
public comment time did expire at 4:30 on this date, but
following the Agenda meeting, a copy of the Board's intention to
oppose the application was sent to PC &E, and if the Resolution is
adopted, a copy of it will be forwarded to PC &E. She stated that
at the time of the annexation, there was no opposition from the
community, because the annexation was the only issue. During the
lengthy discussion, the issue of breach of faith was mentioned.
Mr. Boston and Mr. Nestrud felt, since BFI had explained their
plans for expansion at the time of the annexation and had been
working with staff since that time, that the City was not opposed
to the expansion. Director Joyce stated the decision will be
made by PC &E; this is just an expression of opposition by the
Board of Directors. Following the lengthy discussion, the
Resolution was read. There was a motion by Director Adcock,
seconded by Director Joyce, to adopt the Resolution, and the
Resolution was adopted by the following voice vote: Ayes -
Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce,
Wyrick, and Mayor Dailey - total 9; Noes - None; Abstained -
Director Keck - total 1; Absent - Director Sharp - total 1.
The next presentation was a proposed Ordinance, described
as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE
I -430 DISTRICT, NORTHWEST OF KANIS AND SHACKLEFORD ROADS,
CHANGING AN AREA FROM OFFICE TO COMMERCIAL USE, AND FOR OTHER
MATTERS. (Re: Z- 3206 -A)
There was a staff briefing by Mr. Jim Lawson, Director of
Neighborhoods and Planning, who explained the request to amend
the Land Use Plan, displayed maps, and stated the concerns of
Staff. The LUP shows an office corridor and the move from office
to commercial would generate three times more traffic which would
have a definite impact on the area. Staff supports the Plan
which shows Office use and recommends denial of the request to
change the Land Use Plan. Mr. Lawson and Public Works Director
Chandra Russell responded to questions by the Board of Directors.
Director Kumpuris stated he had been advised by City Attorney Tom
Carter that he should acknowledge that David Jones, Robert Vogel
and Ron Hughes were his friends and he has some dealings on other
things with Robert Vogel. Director Mason asked for a legal
opinion regarding the fact that Mr. Jones and Mr. Vogel both
contributed to his campaign - would it be a conflict of interest
for him to vote on this issue? Mr. Carpenter responded that
campaign contributions would not constitute a conflict of
interest. Mr. David Jones, Vogel -Jones Realty, explained the
request for the Land Use Plan amendment and the related zoning
reclassification of the 6 acres on the north side of the 11000
block of Kanis Road (Z- 3206 -A). He felt this was a non-
controversial issue, and noted that the Planning Commission voted
9 -0 in support of the application. In response to a question by
Director Adcock, Mr. Jones said they did not have a specific plan
for the property at this time, but it would be marketed for the
purposes of a type of retail shopping center much like that at
Bowman Curve. Mrs. Ruth Bell, representing the League of Women
Voters of Pulaski County, spoke in opposition to the two
Ordinances, and urged the Board to stick with the Land Use Plan.
Mr. Jim Lynch, speaking as an officer of the Coalition of Little
Rock Neighborhoods and a member of the New Party, read a prepared
k4
Minutes
December 5, 1995
285
statement in which he stated this rezoning application is a
classic example of what the Coalition of Neighborhoods has been
insisting is a chief barrier to a better city for everyone. The
Coalition wishes to create quality neighborhoods all across
Little Rock and new growth must be balanced with all other
competing demands for'}public funds. This' isr another chapter in
the continuing story to relocate Little Rock from east -to -west.
Mr. Lynch also felt it was a conflict of interest for the two
directors to vote on this issue. Ms. Sally Goodfellow, speaking
in opposition, asked "where is the vision for the City of Little
Rock? because this rezoning is directly tied to that question"
and urged the Board to stand behind the Land Use Plan. Director
Hodges questioned why the Planning Commission did not make a
recommendation regarding the Land Use Plan. The Planning
Commission Minutes state, "When asked about a plan amendment, the
Commission proposed not to change the Plan. It was the
Commission's wish to wait until after the City Board acted, to
decide if and how to change the Plan." Director Hodges felt this
was a crucial issue and that the Board should support Staff.
Following the lengthy discussion, the Ordinance was read the
first time. There was a motion by Director Adcock to suspend the
rules and place the Ordinance on second reading. The motion was
seconded by Director Joyce and unanimously adopted by the Board
Members present, being ten in number and two - thirds or more of
the members of the Board of Directors - elect. Following the
second reading of the Ordinance, there was a subsequent motion
and second by Directors Adcock and Mason, respectively, to again
suspend the rules and place the Ordinance on third and final
reading. Director Keck asked that the Ordinance be held in order
that he might have the opportunity to review the Chenal traffic
study and its impact on the area. A roll call vote was taken on
the suspension of the rules as follows: Ayes - Directors Mason,
Adcock, Wilson, Hinton, and Joyce - total 5; Noes - Directors
Kumpuris, Hodges, Keck, Wyrick and Mayor Dailey - total 5; Absent
- Director Sharp - total 1. The suspension of the rules failed
to receive the required two - thirds vote, therefore, the Ordinance
was left on the calendar for third and final reading on December
19, 1995.
Introduced next was the related proposed Ordinance,
entitled:
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- 3206 -A - To rezone 6.002 acres on the north side of 11000
block of Kanis Road from 110-3" General Office District to 11C -2"
Shopping Center District.)
and the Ordinance was read the first time. (See discussion
related to previous item.) There was a motion by Director Adcock
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 ten 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 Mason,
respectively, to again suspend the rules and place the Ordinance
on third and final reading. Director Keck asked that the
Ordinance be held in order that he might have the opportunity to
review the Chenal traffic study and its impact on the area. A
roll call vote was taken on the suspension of the rules as
follows: Ayes - Directors Mason, Adcock, Wilson, Hinton, and
Joyce - total 5; Noes - Directors Kumpuris, Hodges, Keck, Wyrick
and Mayor Dailey - total 5; Absent - Director Sharp - total 1.
The suspension of the rules failed to receive the required two -
thirds vote, therefore, the Ordinance was left on the calendar
for third and final reading on December 19, 1995.
9
286
Minutes
December 5, 1995
At 8:50 o'clock P.M. Mayor Dailey declared a ten minute
recess. When the Board of Directors reconvened at 9:00 o'clock
P.M., Mayor Dailey presided and all Directors were present except
Director Sharp.
A public hearing had been scheduled for this time and place
by Resolution No. 9,556, adopted November 21, 1995, on the
issuance of Waste Disposal Revenue Bonds for construction of a
waste disposal system for the City of Little Rock. Notice of
hearing was duly published in the Arkansas Democrat Gazette on
November 23, 1995. Mayor Dailey declared the public hearing
open. No one was present who wished to speak on the matter;
therefore, Mayor Dailey declared the public hearing closed.
Consideration was then given to Ordinance No. 17,036, (Item 29),
with the title being:
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF BETTERMENTS AND
IMPROVEMENTS TO THE WASTE DISPOSAL SYSTEM OF THE CITY;
AUTHORIZING ISSUANCE AND SALE OF WASTE DISPOSAL REVENUE BONDS;
PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE
BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING
AN EMERGENCY;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Mason, which was seconded by Director Hinton
and unanimously adopted by the Board Members present, being ten
in number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
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 ten 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
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1.
The Emergency Clause contained in Section 41 of the
foregoing Ordinance was read and adopted by the following roll
call vote: Ayes - Directors Mason, Kumpuris, Adcock, Wilson,
Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10;
Noes - None; Absent - Director Sharp - total 1. Therefore, the
Ordinance, together with the Emergency Section, was then declared
PASSED.
The next presentation was Ordinance No. 17,037, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE
OTTER CREEK DISTRICT, CHANGING AN AREA EAST OF I -430, EITHER SIDE
OF BASELINE ROAD FROM MIXED OFFICE WAREHOUSE TO MIXED OFFICE
INDUSTRIAL AND FOR OTHER MATTERS;
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
7
Minutes
December 5, 1995
287
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and
Mayor Dailey - total 9; Noes - None; Abstentions - Director
Wyrick - total 1; Absent - Director Sharp - total 1. Whereupon,
the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,038, 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- 5228 -A - To rezone 11409 Baseline Road from "R -2" Single
Family District to "I -2" Light Industrial 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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and
Mayor Dailey - total 9; Noes - None; Abstentions - Director
Wyrick - total 1; Absent - Director Sharp - total 1. Whereupon,
the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,039,
described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE
CHENAL DISTRICT, NORTH OF CHENAL PARKWAY AND EAST OF KIRK ROAD,
FROM MULTIFAMILY, SUBURBAN OFFICE AND NEIGHBORHOOD COMMERCIAL TO
SINGLE FAMILY NEIGHBORHOOD COMMERCIAL AND SUBURBAN OFFICE AND FOR
OTHER MATTERS; (Re: Z- 5991 -A.)
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 17,040, with the
title being:
AN ORDINANCE RECLASSIFYING PROPERTIES 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;
8
1
r••
Minutes
December 5, 1995
(2- 5991 -A - To rezone 45 acres in Wellington Village, located
west of Villages of Wellington, from various classifications to
110-1" Quiet Office, 110-2" Office and Institutional, "C -1"
Neighborhood Commercial, 'IMF-1811 Multifamily, and "R -2" Single -
family 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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
Introduced next was Ordinance No. 17,041, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE
GEYER SPRINGS WEST DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY
TO MIXED USE AND FOR OTHER MATTERS; (Re: Z- 5715 -B)
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 17,042, with
the title being:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - OFFICE DISTRICT TITLED DIAN
HICKS SHORT -FORM PD -O (Z- 5715 -B) , AND LOCATED AT 6420 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. 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 ten
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
Wilson, 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 ten in number and
4
Minutes
December 5, 1995
289 {
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor _Dailey - total 10; Noes — None; Absent -
Director Sharp - total'1. Whereupon, the `Ordinance was declared
PASSED.
The next presentation was Ordinance No. 17,043, described
as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE
RODNEY PARHAM DISTRICT, CHANGING AN AREA WEST OF GREEN MOUNTAIN
ROAD AND SOUTH OF ETHAN ALLAN, FROM SINGLE FAMILY TO MULTIFAMILY
USE AND FOR OTHER MATTERS; (RE: Z- 6059.)
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
Introduced next was Ordinance No. 17,044, entitled:
AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND
ESTABLISHING A PLANNED DEVELOPMENT - RESIDENTIAL DISTRICT TITLED
CHARNLEY ADDITION SHORT -FORM PD -R (Z- 6059), AND LOCATED ON THE
WEST SIDE OF GREEN MOUNTAIN DRIVE, APPROXIMATELY ONE - QUARTER MILE
NORTH OF MARA LYNN ROAD, IMMEDIATELY SOUTH OF THE ETHAN ALLEN
DRIVE 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. 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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
10
290
Minutes
December 5, 1995
Item 24 on the Agenda was a proposed Ordinance providing for
a waiver from the requirement to dedicate additional right -of -way
for a right turn lane on Chenal Parkway and other issues
concerning the 1990 approval for One Source Home Center Amended
Long Form PCD, located at 15707 Chenal Parkway. At the request
of City Attorney Tom Carpenter, the Ordinance was deferred until
December 19, 1995.
Consideration was then given to Ordinance No. 17,045, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL
FROM THE REQUIREMENT TO PROVIDE ON -SITE STORMWATER DETENTION, FOR
ARKANSAS SYSTEMS CORPORATE OFFICE PARK (Z- 6015), LOCATED ON THE
EAST SIDE OF CHENAL PARKWAY, APPROXIMATELY ONE -HALF MILE NORTH OF
THE WEST KANIS ROAD INTERSECTION, 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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 17,046, described
as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OR ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE
FROM THE REQUIREMENT THAT THE INTERNAL PRIVATE DRIVE MEET PUBLIC
COLLECTOR STREET DESIGN STANDARDS AND HAVE SIDEWALKS ALONG BOTH
SIDES OF THE DRIVE, FOR ARKANSAS SYSTEMS CORPORATE OFFICE PARK
(Z- 6015), LOCATED ON THE EAST SIDE OF CHENAL PARKWAY,
APPROXIMATELY ONE -HALF MILE NORTH OF THE WEST KANIS ROAD
INTERSECTION, 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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
11
Minutes
December 5, 1995
X91
Introduced next was Ordinance No. 17,047, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF
STREET IMPROVEMENTS TO WEST LOOP /OUTERLOOP AND LAWSON ROAD FOR
THE CRYSTAL HILL BAPTIST CHURCH LOCATED AT, 18824 CRYSTAL VALLEY
ROAD (Z- 6053);
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1. Whereupon, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 17,048, with
the title being:
AN ORDINANCE APPOINTING A SUBSTITUTE COMMISSIONER OF
MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE
ROCK, ARKANSAS; AND OTHER MATTERS RELATING THERETO; AND DECLARING
AN EMERGENCY;
(Appointing Ronald R. Pierce to replace Everett Rowland.)
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 ten
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
Wilson, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick, and Mayor Dailey - total 10; Noes - None; Absent -
Director Sharp - total 1.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was read and adopted by the following roll call vote:
Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges,
Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None;
Absent - Director Sharp - total 1. Whereupon, the Ordinance,
together with the Emergency Clause, was declared PASSED.
The next presentation was Ordinance No. 17,049, with the
title being:
AN ORDINANCE AMENDING THE MASTER STREET PLAN OF THE CITY OF
LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF STREET
IMPROVEMENTS TO NAPA VALLEY ROAD FOR THE AGAPE CHURCH LOCATED AT
701 NAPA VALLEY ROAD (Z- 3789 -F);
12
292
Minutes
December 5, 1995
(Z- 3789 -F - Allowing construction of an additional parking lot to
be located on Agape Church property at 701 Napa Valley Road; and
deferral of one -half of minor arterial street improvements along
east side of Napa Valley Road for a distance of 580 ft. adjacent
to site. Improvements deferred until such time as traffic safety
demands, not to exceed three years from date of issuance of
building permit for the additional parking lot.)
Mayor Dailey referred to a letter from Pastor Happy Caldwell of
Agape Church requesting a full waiver of the street improvements,
rather than the one year deferral, because the street
improvements would require the church to tear out the entire
front of the church property, gates, etc. (Note: The Ordinance
as presented was for a 12 month deferral.) Mr. Jim Bowers of
Agape Church, said the Church complied with the Master Street
Plan in 1983 by widening the street to four lanes, but now the
City is asking them to build a fifth lane for a turn lane. This
would require them to tear out the gates and move the entrances
back. He felt this was premature and should be dealt with at
some future expansion. He said the estimated cost for widening
the street would be $25,000 and had no idea of the cost to remove
the gates. Mr. Tim Daters, Consulting Engineer, said the one
year deferral was not enough time. Public Works Director Chandra
Russell then explained the parking situation, the traffic
problems, and the need for the turn lane. She noted that the
Planning Commission voted to deny the waiver and had a split
decision of 5 -5 on the deferral. Mrs. Russell was agreeable to a
time extension. Staff doesn't want to create a financial
hardship, but from a safety standpoint, the turn lane is
extremely warranted. According to Public Works studies, there is
11 ft. between the back of the curb and the edge of the sidewalk,
which would accommodate the additional pavement without having to
relocate the gates. She then responded to questions by the
Board. Following the discussion, there was a motion by Director
Hodges, seconded by Director Hinton, to amend the Ordinance to
provide for a three year deferral unless warranted sooner for --
safety reasons. The motion was adopted by a voice vote of 9 ayes
and 1 no (Director Keck). The Ordinance, as amended, was then
read the first time. There was a motion by Director Adcock,
seconded by Director Wilson, to suspend the rules and place the
Ordinance on second reading. The motion was unanimously adopted
by the Board Members present, being ten in number and two - thirds
or more of the members of the Board of Directors - elect, and the
second reading of the Ordinance ensued. There was a subsequent
motion 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 ten 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 Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick, and
Mayor Dailey - total 9; Noes - Director Keck - total 1; Absent -
Director Sharp - total 1. Therefore, the Ordinance was declared
PASSED.
Item 30 on the Agenda was 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" which was deferred until the next meeting due to
the absence of Director Sharp, who proposed the Resolution.
Item 31 was Resolution No. 9,570, with the title being:
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PROPERTY
LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER
PURPOSES.
13