06-17-97751
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
June 17, 1997 - 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 Hinton, Cazort, Joyce, Wyrick, Kelly, Adcock -
total 6; Absent - Directors Wilson, Hodges, Keck, and Kumpuris - total 4.
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 Hinton, followed by the Pledge of
Allegiance.
Mayor Dailey announced that Agenda Items 28, 35, and 38 would be deferred as
listed on the addendum to the Agenda. Therefore, no action was taken on the following
items:
(28) Z- 5600 -A - AN ORDINANCE AMENDING CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET
IMPROVEMENTS FOR CHENAL MINI - STORAGE, LOCATED AT
14401 CHENAL PARKWAY." (Deferred until July 1, 1997, at the request of
the applicant)
(35) AN ORDINANCE CREATING THE LITTLE ROCK HISTORY
COMMISSION; AND FOR OTHER PURPOSES. (Deferred to July 1, 1997.)
(38) AN ORDINANCE APPROVING THE ATTENDANCE POLICY FOR
W THE MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES.
(Deferred to July 29, 1997.)
Mayor Dailey asked that Items 36 and 36 (tobacco ordinances), 30 (Chenal
Annexation) and 40 (Animal Services) be considered immediately after the Consent
Agenda.
(Director Keck enrolled at 6:05 o'clock P.M.)
Mr. Bill Bunten, Director of Parks and Recreation, announced the Classy Chassis
Car Show at MacArthur Park on Saturday, June 21, 1997. Board Members were invited
to attend the Sponsor Party for the Car Show at the River Market on Friday, June 20,
1997, a 5:30 P.M.
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) Approval of the Minutes of the Board of Directors regular meeting held
August 6, 1996 and August 20, 1996 and the reconvened meeting held August 27, 1996.
(2) The City of Little Rock Firemen's Relief and Pension Fund Financial
Statement for the years ended December 31, 1996 and 1995. (To be received and filed.)
(3) The City of Little Rock Policemen's Pension and Relief Fund Financial
Statement for the years ended December 31, 1996 and 1995. (To be received and filed.)
(4) The City of Little Rock Municipal Judges' Retirement Fund Financial
Statement for the years ended December 31, 1996 and 1995. (To be received and filed.)
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little, but wants to try again next year. There was a motion by Director Adcock to adopt
the Resolution. The motion was seconded by Director Joyce and the Resolution was
unanimously adopted.
(Director Keck re- enrolled at 10:40 o'clock P.M.)
Introduced next was Ordinance No. 17,508, with the title being:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND AMENDING ORDINANCE NO. 16065 A LONG -FORM REVISED
PLANNED DISTRICT COMMERCIAL DISTRICT TITLED SOUTH BLUFF
COMPANY LONG -FORM REVISED PCD (Z- 5239 -D) LOCATED AT 300 EAST
ROOSEVELT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDED
CHAPTER 36 OF THE CODE OF ORDINANCE OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. (Dr. George and Mary Schroeder are
coordinators of the ministries of the Basic Life Principals Institute at the former VA
Hospital facility at 300 East Roosevelt Road.) Director Adcock moved to suspend the
rules and place the Ordinance on second reading. The motion was seconded by Director
Keck, 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, and the second reading of
the Ordinance ensued. There was a subsequent motion and second to again suspend the
rules and place the Ordinance on third and final reading. The motion was made by
Director Adcock, seconded by Director Keck, 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. Following the third and last reading of the Ordinance, a roll call vote
was taken on passage of the Ordinance as recorded: Ayes - Directors Hinton, Cazort,
Keck, Joyce, Wyrick, Kumpuris, Kelly Adcock, Wilson and Mayor Dailey - total 10;
Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was
declared PASSED.
Consideration was given to Ordinance No. 17,509, entitled;
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET AND SIDEWALK
REQUIREMENTS FOR GEYER SPRINGS FIRST BAPTIST CHURCH (Z-5365-
D) LOCATED AT 12400 INTERSTATE 30;
and the Ordinance was read the first time. Public Works Director Chandra Russell
responded to questions by Director Adcock. Director Adcock then moved to suspend the
rules and place the Ordinance on second reading. The motion was seconded by Director
Keck, 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, and the second reading of
the Ordinance ensued. There was a subsequent motion and second to again suspend the
rules and place the Ordinance on third and final reading. The motion was made by
Director Adcock, seconded by Director Keck, 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. The Ordinance was then read the third and last time, and a roll call
vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Cazort,
Keck, Joyce, Wyrick, Kumpuris, Kelly Adcock, Wilson and Mayor Dailey - total 10;
Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was
declared PASSED.
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June 17, 1997
(5) A motion to set the date of hearing on the appeal of the Planning
Commission's denial of a Conditional Use Permit for Home Depot at 12610 Chenal
Parkway (Z- 5668 -C). (Filed by James Cannon, Manager of Home Depot.) (July 1,
1997.)
(6) Resolution No. 9,999; described as;
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE CEDAR STREET BETWEEN 30TH AND
31ST STREETS, IN DICKSON MILL ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS. (July 1, 1997.)
(7) Resolution No. 10,000, with the title being;
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND ABANDON A PORTION OF THE PUBLIC
UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT 35,
PLEASANT VALLEY ESTATES. (July 1, 1997.)
(8) Resolution No. 10,001, entitled;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO PHILLIPS POLICE SUPPLY
FOR AMMUNITION FOR THE LITTLE ROCK POLICE DEPARTMENT. (Not
to exceed $50, 000.)
(9) Resolution No. 10,002, with the title being;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO QUALITY
MANUFACTURING, INC. FOR THE PURCHASE OF TWO (2) CUSTOM
TRIPLE COMBINATION FIRE PUMPERS FOR THE LITTLE ROCK FIRE
DEPARTMENT. (Not to exceed $512, 572.)
(10) Resolution No. 10,003, describe as;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO CARTER- BURGESS FOR
ARCHITECTURAL DESIGN AND PROJECT ADMINISTRATION FOR THE
CONSTRUCTION OF THE SAFARI AMPHITHEATRE AT THE LITTLE ROCK
ZOO, A 1995 CAPITAL IMPROVEMENT BOND PROJECT FOR THE
DEPARTMENT OF PARKS AND RECREATION.
(11) Resolution No. 10,004, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO BLASS, CHILCOTE,
CARTER, GASKIN, BOGART AND NORCROSS (BCCGBN) FOR
ARCHITECTURAL DESIGN AND PROJECT ADMINISTRATION FOR THE
CONSTRUCTION OF THE SAFARI TERRACE RESTAURANT, RESTROOMS,
AND PAVILION AT THE LITTLE ROCK ZOO, A 1995 CAPITAL
IMPROVEMENT BOND PROJECT FOR THE DEPARTMENT OF PARKS AND
RECREATION. (Not to exceed $45, 000)
(12) Resolution No. 10,005, with the titled being;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH GARVER & GARVER, INC. FOR
QUALITY ASSURANCE OVERSIGHT DURING CONSTRUCTION OF A FUEL
STATION AND EQUIPMENT WASH AT THE SOLID WASTE FACILITY ON
IRONTON CUTOFF. ($32,600)
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June 17, 1997
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(13) Resolution No. 10,006, entitled;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH GARVER & GARVER, P.A. FOR
ENGINEERING SERVICES FOR THE CONSTRUCTION OF THE SOUTH
LOOP FROM I -30 TO U.S. HWY. 65 -167. (Not to exceed $33, 000.)
(14) Resolution No. 10,007, described as;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO CRANFORD
CONSTRUCTION COMPANY FOR THE 1997 STREET RESURFACING
PROGRAM. (Not to exceed $931,043.)
(15) Resolution No. 10,008, with the title being;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE CONTRACT WITH CNA FOR A PERIOD OF THREE (3) YEARS
EFFECTIVE JULY 1, 1997, TO PROVIDE REINSURANCE COVERAGE FOR
THE CITY'S SELF - INSURED WORKERS' COMPENSATION PROGRAM FOR
THE DEPARTMENT OF HUMAN RESOURCES.
(16) Resolution No. 10,009, entitled;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE CONTRACT WITH ARKANSAS MUNICIPAL LEAGUE FOR A
TWELVE MONTH PERIOD EFFECTIVE JULY 1, 1997, FOR
ADMINISTRATION OF THE CITY'S SELF FUNDED WORKERS'
COMPENSATION PROGRAM FOR THE DEPARTMENT OF HUMAN
RESOURCES.
(17) Resolution No. 10,010, described as;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO RWL CONTRACTORS FOR
THE CONSTRUCTION OF A NEW AFFORDABLE HOME AT 8200 WEST
23RD STREET, A DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PROGRAMS HOME INVESTMENT PROJECT. (Not to exceed $56,100.)
(18) Resolution No. 10,011, with the title being;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO RWL CONTRACTORS FOR
THE CONSTRUCTION OF A NEW AFFORDABLE HOME AT 8210 WEST
23RD STREET, A DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PROGRAMS HOME INVESTMENT PROJECT. (Not to exceed $50,921)
(19) Resolution No. 10,012, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO RWL CONTRACTORS FOR
THE CONSTRUCTION OF A NEW AFFORDABLE HOME AT 8212 WEST
23RD STREET, A DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PROGRAMS HOME INVESTMENT PROJECT. (Not to exceed $58,700.)
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June 17, 1997
(20) Resolution No. 10,013, described as;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS FROM THE HISTORIC BUILDING FACADE GRANT
PROGRAM TO ASSIST IN THE RESTORATION OF STRUCTURES AT 114
PULASKI STREET AND SEVENTH AT SHERMAN STREETS (KRAMER
SCHOOL). (Rayjohn, Inc. - 114 Pulaski Street - $2,608.12; Kramer School - 715
Sherman Street - $10,000)
Upon a motion by Director Keck, which was seconded by Director Adcock and
unanimously adopted, the Consent Agenda was dispensed with as a follows: (1) the
Minutes of the Board of Directors regular meetings held August 6, 1996 and August 20,
1996, and the reconvened meeting held August 27, 1996 were approved as written and
distributed to the Board of Directors; (2, 3, and 4) the City of Little Rock Firemen's
Relief and Pension Fund Financial Statement, the Policemen's Pension and Relief Fund
Financial Statement, and the Municipal Judges' Retirement Fund Financial Statement for
the years ended December 31, 1996 and 1995 were received and filed; (5) a motion to set
the date of hearing on the appeal of the Planning Commission's denial of a Conditional
Use Permit for Home Depot at 12610 Chenal Parkway was unanimously adopted; and (6,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20) Resolution Nos. 9,999, 10,000,
10,001,10,002, 10,003, 10,004, 10,005, 10,006, 10,007, 10,008, 10,009, 10,010, 10,011,
10,012, and 10,013 were unanimously adopted. (Note: Director Wyrick recused on
Resolution No. 10,006.)
(Director Kumpuris enrolled at 6:10 o'clock P.M.
As requested by Mayor Dailey, consideration was then given to Items 36 and 37
on the Agenda. Item 36 was a proposed Ordinance to regulate the use of tobacco
products by minors; and Item 37 was a proposed Ordinance to establish an
occupational tax for businesses that sell tobacco products. There was a lengthy
discussion on the two Ordinances from 6:20 o'clock P.M. to 9:05 o'clock P.M. during
which City Attorney Tom Carpenter explained the provisions of the two Ordinances and
the amendments proposed by Board Members and by the Task Force. (Director Wilson
enrolled at 6:20 o'clock P.M.) Mr. Carpenter and City Manager Charles Nickerson
responded to questions by Board Members. There were several speakers on the tobacco
issues. Mr. Mike Coulson, President of Coulson Oil, which owns and operates three
Shell Super Stop Convenience Stores in Little Rock, was not in favor of selling tobacco
products to minors, but urged the Board to reduce the license fee from $100 to $50 and
stated that self -serve displays are very important financially to the businesses. Mr. John
Miller, owner- operator of six (6) Harvest Food stores in Little Rock, also was not in
favor of selling tobacco products to minors, but stated the displays need to be 18 -20 feet
from the manager in conventional stores, and asked the Board to discuss these issues with
the retailers. Harvest Foods Stores have some tobacco products under lock and key but
not all. Mr. Al Upton, partner with John Miller in the Harvest Foods Stores, said there
needs to be a penalty for the employee and the purchaser, not just the store manager or
owner, and there should be a hearing on suspension of licenses to sell tobacco products.
Speaking in support of the tobacco ordinances were Stacey Stoll and Joy Rockenbach,
representing the Arkansas Department of Health Tobacco Control Office, Ms. Ferris
Garrison and two young ladies Clair Nelson and Amanda Abrams, volunteers
representing Arkansans for Drug -Free Youth, Dr. Larry Miller, psychiatrist and medical
director of Arkansas State Hospital, Dr. Craig Stotts, doctor of public health, Dr. Gary
Wheeler, pediatric physician at Children's Hospital, Teresa Conner, representing the
American Lung Association (Arkansas Affiliate) and Don Roberts, cessation counselor
and volunteer for American Lung Association. Mr. Merle Haubein, director of the
Retail Grocers Association, responded to questions. Ms. Stoll said state and federal law
prohibits the sale of tobacco products to minors and part of her job is to monitor the
merchant compliance with the laws. She and a 14 year old young man visited stores in
Little Rock where he attempted to buy tobacco products and did so in seven of the 29
stores visited. Mrs. Rockenbach said fines are laid out but there is no enforcement clause.
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June 17, 1997
755
The State is mandated under federal law to reduce the sale of tobacco products to minors
to no more than a 20% sale rate. Ms. Garrison said the mission of her organization is to
educate and motivate Arkansas' youth, families, and communities in the development of
healthy drug -free youth. Clair Nelson and Amanda Abrams asked the Board to support
"Not Our Town, Not Our Kids ". Dr. Miller said the key is prevention and education; set
the proper tone by giving guidance and support. Dr. Stotts urged a ban on vending
machines. Following the lengthy discussion, the proposed Ordinance (Item 36) was
introduced, with the title being:
AN ORDINANCE TO AMEND CHAPTER 14 OF THE LITTLE ROCK
CODE TO ADD REGULATIONS OF THE USE OF TOBACCO PRODUCTS BY
MINORS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
(Note: The first reading of the two companion Ordinances occurred on May 27, 1997,
and the second reading scheduled for June 3, 1997 was deferred until June 17, 1997. See
Minutes of May 27, 1997, for lengthy presentation and discussion)
and the Ordinance was read the second time, having been read the first time on May 27,
1997. Director Keck moved to strike the sections dealing with the sale of tobacco
products through vending machines - Section 4(a), and the motion was seconded by
Director Kelly. The motion failed by the following roll call vote: Ayes - Directors Keck,
Joyce, Kumpuris, and Kelly - total 4; Noes - Directors Wilson, Hinton, Cazort, Wyrick,
Adcock, and Mayor Dailey - total 6; Absent - Director Hodges - total 1. Director Cazort
then moved to amend Section 4(a) dealing with vending machines to prohibit the sale of
tobacco products through vending machines, provided it does not apply to private
clubs that prohibit entry to minors, and hotels if machines are located in an area
accessible only to adults, or other places not otherwise generally accessible to
minors. The motion was seconded by Director Adcock and adopted by the following
roll call vote: Ayes - Directors Hinton, Cazort, Wyrick, Kumpuris, Adcock and Mayor
Dailey - total 6; Noes - Directors Wilson, Keck, Joyce, and Kelly - total 4; Absent -
Director Hodges - total 1. Mayor Dailey then moved to add Section 4(a)(2) to prohibit
the sale of tobacco products through any self service method, except in restricted
areas that prohibit entry to minors, or in places where the self - service display is
within eight (8) feet of the cash register and all tobacco products in full view of the
cashier. The motion was seconded by Director Adcock, and unanimously adopted.
(Director Wilson's motion that all tobacco products be locked up died for lack of a
second.) There was a motion by Director Cazort that minors convicted of purchasing
or procuring tobacco products would be subjected to mandatory enrollment in a
smoking education or cessation class for the first offense, and participation in up to
forty (40) hours of community service for a second or subsequent offense within
twenty -four (24) months. (The option to pay a fine or do community service for the
third offense was deleted from the motion, by a subsequent motion and second by
Directors Adcock and Joyce, respectively.) The motion was seconded by Director Adcock
and adopted by the following roll call vote: Ayes - Directors Wilson, Hinton, Cazort,
Keck, Joyce, Wyrick, Kumpuris, and Adcock - total 8; Noes - Director Kelly and Mayor
Dailey - total 2; Absent - Director Hodges - total 1. (Director Keck moved to add the
phrase "or being in possession of but after some discussion, he withdrew his motion.)
(Directors Wilson and Kelly were excused at 9:00 P.M.) Another motion was made
by Director Cazort to amend Section 3 - Prohibited Acts by adding a subsection to
prohibit the distribution of free samples of tobacco products or coupons for such on
any public street or sidewalk within 1000 feet of a playground or school. The motion
was seconded by Director Adcock and unanimously adopted. There was a subsequent
motion by Director Cazort to amend Section 3 - Prohibited Acts - to prohibit any
person to purchase or procure tobacco products for a minor. The motion was
seconded by Director Adcock and adopted by a voice vote of seven ayes, one no
(Director Keck), with three absent (Directors Wilson, Kelly, and Hodges). The
Ordinance, as amended, was left on the calendar for third reading on July 1, 1997.
(Directors Kelly and Wilson re- enrolled.)
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June 17, 1997
Introduced next was the related Item 37 which was a proposed Ordinance
described as:
AN ORDINANCE TO ESTABLISH AN OCCUPATIONAL TAX FOR
BUSINESSES THAT SELL TOBACCO PRODUCTS TO ADULTS, TO
ESTABLISH PENALTIES FOR VIOLATION OF THE ORDINANCE; AND FOR
OTHER PURPOSES.
(See lengthy discussion above.) The Ordinance was read the second time, having been
read the first time on May 27, 1997. There was a motion by Director Cazort, seconded
by Director Adcock, to reduce the license fee from $100.00 to $50.00. The motion
failed by the following roll call vote: Ayes - Directors Wilson, Cazort, and Adcock -
total 3; Noes - Directors Hinton, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor
Dailey - total 7. Director Kelly asked how the City would pay for enforcement of the
tobacco ordinances. After a brief discussion, Director Kelly moved that funds collected
from the fees be used for enforcement. Director Wilson seconded the motion. Mr.
Carpenter suggested that a new Ordinance dealing with fines, enforcement, and treatment
be considered at the next meeting. Therefore, Director Kelly withdrew his motion.
Director Adcock moved to remove the provision for immediate seizure of the license
to sell tobacco products (Subsection E(1).) The motion was seconded by Director
Cazort and unanimously adopted. There being no further amendments, the Ordinance, as
amended, was left on the calendar for third reading on July 1, 1997.
Director Joyce and Mr. Jim LaBorde, Chairman of the City Beautiful
Commission, made a Polish the Rock presentation to the John Barrow Neighborhood
Association for the work done to beautify the City of Little Rock.
Director Joyce recognized members of the Animal Services Task Force and
explained what the Task Force had done. She then asked the Board to receive the
recommendations of the Task Force and to adopt the two related Resolutions. (See Items
39 and 40 on the Agenda) Director Joyce also recognized Animal Services Director Rita
Cavanaugh and her staff. Doctor Gillam, a veterinarian and member of the Task Force,
urged the Board of Directors to increase the Animal Services staff and to appropriate
$200,000 for the Department. Resolution No. 10,014 was then introduced, with the title
being:
A RESOLUTION RECEIVING THE RECOMMENDATIONS
PRESENTED BY THE TASK FORCE FOR ANIMAL SERVICES TO THE
BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
SAID RECOMMENDATIONS ADDRESS FIVE MAJOR AREAS PERTAINING
TO IMPROVING THE QUALITY OF LIFE FOR THE CITIZENS OF THIS
CITY AND ITS ANIMAL POPULATION.
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Hinton, and the Resolution was unanimously adopted.
The next presentation was Resolution No. 10,015, described as;
A RESOLUTION CREATING AN ANIMAL SERVICES ADVISORY
BOARD FOR THE CITY OF LITTLE ROCK, ARKANSAS.
Following the reading of the Resolution, Director Keck moved for its adoption. The
motion was seconded by Director Hinton, and the Resolution was unanimously adopted.
At 9:30 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board
of Directors reconvened at 9:50 o'clock P.M., Mayor Dailey presided with nine Directors
present. (Director Hodges was absent.)
Consideration was then given to Zoning Application Z- 4325 -B to rezone 19
acres west of the 9600 block of Stagecoach Road from "MF -6" and "MF -12"
Multifamily Districts to "R -2" Single Family District. The application was filed by
Minutes
June 17, 1997
757
Patrick McGetrick on behalf of Diamond Development Company, and was approved by
the Planning Commission on May 15, 1997. No one was present to speak in opposition
to the reclassification and Ordinance No. 17,504 was presented, 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- 4325 -B - To rezone 19 acres, more or less, west of the 9600 block of Stagecoach
Road from "MF -6" and "MF -12" Multifamily Districts to "R -2" Single Family
District.)
and the Ordinance was read the first time. Director Adcock moved to suspend the rules
and place the Ordinance on second reading. The motion was seconded by Director Keck
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, and the second reading of the
Ordinance ensued. There was a subsequent motion and second to again suspend the rules
and place the Ordinance on third and final reading. The motion was made by Director
Adcock, seconded by Director Hinton, and unanimously adopted by the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. Following the third and last reading of the Ordinance, a roll call vote was
taken on the question, Shall the Ordinance Pass, as recorded: Ayes - Directors Hinton,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey -
total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance
was declared PASSED.
Introduced next was Zoning Application Z -6291 to rezone property at 1600
Perry Street from "R -2" Single Family District to "R -7A" Manufactured Home
District. The application was filed by Mary Dycus and approved by the Planning
Commission on May 15, 1997. No one was present to speak in opposition to the
reclassification and Ordinance No. 17,505 was introduced, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z -6291 - Tto rezone property at 1600 Perry Street from "R -2" Single Family
District to "R -7A" Manufactured Home District.)
and the Ordinance was read the first time. Director Adcock moved to suspend the rules
and place the Ordinance on second reading. The motion was seconded by Director Keck
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, and the second reading of the
Ordinance ensued. There was a subsequent motion and second to again suspend the rules
and place the Ordinance on third and final reading. The motion was made by Director
Adcock, seconded by Director Hinton, and unanimously adopted by the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. Following the third and last reading of the Ordinance, a roll call vote was
taken on the question, Shall the Ordinance Pass, as recorded: Ayes - Directors Hinton,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey -
total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance
was declared PASSED.
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June 17, 1997
Introduced next was Ordinance No. 17,506, entitled:
AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT
AND AMENDING ORDINANCE NO. 17,117 A PLANNED OFFICE
DEVELOPMENT DISTRICT TITLED CCDC WESTSIDE SCHOOL -- SHORT -
FORM REVISED POD (Z- 2559 -C), LOCATED IN THE BLOCK BOUNDED BY
W. 14TH STREET, S. WOLFE STREET, W. 13TH STREET, AND S.
MARSHALL 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;
and the Ordinance was read the first time. Director Adcock moved to suspend the rules
and place the Ordinance on second reading. The motion was seconded by Director Keck
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, and the second reading of the
Ordinance ensued. There was a subsequent motion and second to again suspend the rules
and place the Ordinance on third and final reading. The motion was made by Director
Adcock, seconded by Director Hinton, and unanimously adopted by the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. Following the third and last reading of the Ordinance, a roll call vote was
taken on the question, Shall the Ordinance Pass, as recorded: Ayes - Directors Hinton,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Dailey - total 10;
Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 17,507, described as;
AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) IN
THE DESIGN STANDARDS SECTION AND ADDING A NEW MINOR
ARTERIAL AND A NEW COLLECTOR CROSS SECTION; AND FOR OTHER
PURPOSES;
and the Ordinance was read the first time. Director Adcock moved to suspend the rules
and place the Ordinance on second reading. The motion was seconded by Director Keck
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, and the second reading of the
Ordinance ensued. There was a subsequent motion and second to again suspend the rules
and place the Ordinance on third and final reading. The motion was made by Director
Adcock, seconded by Director Hinton, and unanimously adopted by the Board Members
present, being ten in number and two- thirds or more of the members of the Board of
Directors. Following the third and last reading of the Ordinance, a roll call vote was
taken on the question, Shall the Ordinance Pass, as recorded: Ayes - Directors Hinton,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, and Mayor Dailey -
total 10; Noes - None; Absent - Director Hodges - total 1. Whereupon, the Ordinance
was declared PASSED.
Item 30 on the Agenda was the next presentation, being a proposed Ordinance
entitled:
AN ORDINANCE ACCEPTING THE ANNEXATION OF LAND TO THE
CITY OF LITTLE ROCK, ARKANSAS, WHICH PROPERTY IS MORE
PARTICULARLY DESCRIBED AS A PORTION OF SECTIONS 15, 16, 17, 22
AND 23 (CHENAL VALLEY ANNEXATION - DUQUESNE COMMUNITY);
(712 acres located south and west of the Chenal Parkway and Hwy. 10 Intersection.)
and the Ordinance was read the second time, having been read the first time on May 20,
1997. (Note: There was a lengthy discussion on June 3, 1997 and the second reading
was deferred to June 17, 1997. See Minutes of May 20, 1997 and June 3, 1997.) 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. A roll call vote was taken on the
Minutes
June 17, 1997
'j59
motion to suspend the rules as follows: Ayes - Directors Cazort, Keck, Joyce, Kumpuris,
Adcock and Mayor Dailey - total 6; Noes - Directors Wilson, Hinton, Wyrick, and Kelly -
total 4. The motion failed to receive the required eight votes; therefore, the Ordinance
was left on the calendar for third and final reading on July 1, 1997. (Director Kelly
asked City Attorney Tom Carpenter to draft a Resolution concerning development of a
sustainable growth strategy and action plan for future development to be considered at
the next meeting.)
Item 22 was the next presentation, being a proposed Ordinance entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN
(ORDINANCE NO. 16,222) IN THE OTTER CREEK PLANNING DISTRICT
SOUTH OF THE OTTER CREEK SUBDIVISION AND ALONG STAGECOACH
ROAD, FROM VARIOUS LAND USES TO PARK/OPEN SPACE AND MOBILE
HOME; (Re: Z -6287 -11701 Stagecoach Road.)
and the Ordinance was read the first time. Mr. 011ie Rooker, President of the Crystal
Valley Property Owners Association, said there is a high density problem (too many
people living too close together) in the area from I -430 down Stagecoach Road to
Baseline Road, to Colonel Miller Road and Crystal Valley Road, and asked that some
planning be done for that area. He concluded by asking the Board to delay the Ordinance
until the people in the Association can become aware of the issue. Therefore, the
Ordinance was left on the calendar for second reading on July 1, 1997.
Consideration was then given to the related Zoning Application Z -6287 to
rezone 29.43 acres at 11701 Stagecoach Road from "R -2" Single Family District to "R-
7" Mobile Home District and "OS" Open Space District. The application was filed by W.
A. Jones, Inc. and approved by the Planning Commission on May 15, 1997. Introduced
was a 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 -6287 - To rezone 29.43 acres at 11701 Stagecoach Road from "R -2" Single
Family District to "R -7" Mobile Home District and "OS" Open Space District.)
The Ordinance was read the first time and left on the calendar for second reading on
July 1, 1997. (See discussion related to companion ordinance above re: Otter Creek
Land Use Plan)
(Director Keck was excused at 10:15 o'clock P.M. due to a conflict of interest
regarding the following Resolution No. 10,016.)
The next presentation was Resolution No. 10,016, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH ARKANSAS MEDICAL LABORATORY,
INC.BAPTIST OCCUPATIONAL HEALTH SERVICES FOR A TWELVE
MONTH PERIOD EFFECTIVE JULY 1, 1997, FOR PRE- EMPLOYMENT
MEDICAL EXAMINATIONS FOR CERTAIN CITY POSITIONS;
and there was a reading of the Resolution. Mr. Scott Moseley, Vice President of St.
Vincent Infirmary Medical Center, expressed appreciation for the long standing
relationship between the City of Little Rock and St. Vincent in providing services for
City employees for 27 years - since 1978, and stated that St. Vincent is interested in
continuing to provide these physical examinations for the City. Director Cazort moved to
bid the contract after one year, but later withdrew his motion. Mr. Earl Paul, speaking of
behalf of Baptist Health, said Baptist submitted the low bid and wanted the City's
business. A spokesperson for Southwest Hospital said Southwest missed the bid by a
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