07-01-97763
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
July 1, 1997 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas met in regular session
with Mayor Dailey presiding. City Clerk Robbie Hancock called the roll, with the
following Directors present: Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick,
Kelly, and Adcock - total 8; Absent - Directors Wilson and Kumpuris - total 2.
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 Hodges followed by the Pledge of
Allegiance
Mr. Aaron Lubin, a member of the Sister Cities Commission, introduced three
guests from Volgograd, Russia - Mayor Yuroi Checkov, Evguenie Ryballzine, Director
of International Projects, and Angelina Levitskaya, translator and escort. The Sister
Cities Commission is working toward developing a sister cities relationship between the
City of Little Rock and Volgograd, Russia.
(Directors Wilson and Kumpuris enrolled at 6:08 o'clock P.M.)
There was a lengthy presentation from 6:10 until 7:15 o'clock P.M. regarding the
Little Rock Municipal Airport food services contract. Mr. Taylor Brown, Chairman of
the Little Rock Municipal Airport Commission, introduced other members of the Airport
Commission Lottie Shackelford, Gary Smith, and Eugene Fortson, and stated that several
months ago realizing that the current contract for food, beverages and merchandising
would end this year, the Airport Commission decided to open bidding for a new contract.
A committee of Gene Fortson, Gary Smith, Les Hollingsworth, and Debra Ledwell were
selected to prepare the RFP (Request for Proposals) and see the process through to the
selection of contractor. Mr. Fortson, chairman of that committee, stated the Commission
was trying to accomplish three major things: (1) to develop a concession plan that would
enable them to function as a landlord and make developments in the concourse that were
long overdue. Going down the concourse beyond security, would be concession
opportunities along the hallway and removal of the concession area in the rotunda where
so much congestion occurrs around the Southwest Airlines boarding area; (2) wanted a
broader range of services for the patrons by getting more concessions; and (3) to mandate
that the Airport would have street pricing plus no more than ten percent. There were
seven interested parties at the pre -bid conference, but only three proposals were made at
the final presentation on May 21, 1997: (1) Host Marriott for food, beverage and
merchandising; (2) Arkansas Concessions for food and beverage, and (3) tied to Arkansas
Concessions was Hudson Corporation's proposal for merchandising only. He then
explained the three proposals in some detail. Mr. Fortson stated that one question that
has come up in discussions is the existance of a consultant and why the Commission did
not follow the recommendations of the consultant and/or the Airport Manager. He
explained that a consultant was involved in preparation of the RFP, but the consultant's
continued input, including volunteering a recommendation as to what the Airport
Commission should do, was not at the direction of the Commission and was not known to
the Commission. He also explained why the Commission did not follow the
recommendation of Airport Manager Debra Ledwell, stating he had been in business for
35 years and felt his decision was grounded in more experience than hers. Mr. Brown
explained that he specifically chose not to have Mrs. Ledwell present at the Board of
Directors Meeting, stating he felt the Airport Commission was responsible for making the
contract and to the Board of Directors, not Mrs. Ledwell who is an employee of the
Commission. Director Hodges requested that she be called to come to the meeting.
Mayor Dailey asked if the Board wanted to hear from the unsuccessful bidders. Director
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follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z- 6258 -A, filed by Joe D. White,
Jr. on behalf of Eleanor Karam, to rezone property at 17901 Cantrell Road from "R -2"
Single Family District to "O -1" Quiet Office District. The reclassification was approved
by the Planning Commission on May 29, 1997. No one was present to speak in
opposition to the rezoning and Ordinance No. 17,520 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
(Z- 6258 -A - To rezone property at 17901 Cantrell Road from "R -2" Single Family
District to 110-1" Quiet Office District.)
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two - thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application Z -6304 to rezone property
at 4120 John Barrow Road from "R -3" Single Family District to "0-3" General Office
District. The application was filed by Paul Amponsah on behalf of Oke Construction
Company, and approved by the Planning Commission on May 29, 1997. No one was
present to speak in opposition to the reclassification, and Ordinance No. 17,521 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 -6304 - To rezone property at 4120 John Barrow Road from "R -3" Single Family
District to "0-3" General Office District.)
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
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Item 19 on the Agenda was a proposed Ordinance "PROVIDING FOR A
DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR CHENAL MINI -
STORAGE (Z- 5600 -A), LOCATED AT 14401 CHENAL PARKWAY;" which was
withdrawn at the request of the applicant.
Introduced next was Ordinance No. 17,522, described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENT
REQUIREMENTS FOR CENTRAL ARKANSAS MARKETPLACE (Z -6296)
LOCATED AT 14502 CANTRELL ROAD;
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,523, entitled:
AN ORDINANCE PROVIDING FOR A CONDITIONAL WAIVER OF
BOUNDARY STREET IMPROVEMENTS IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 31 OF THE CODE OF ORDINANCES FOR LOTS
1 AND 2 OF KEENER VALLEY ADDITION LOCATED AT NORTON ROAD
AND HWY 10;
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Resolution No. 10,024, with the title being:
A RESOLUTION OF INTENT TO PARTICIPATE IN THE CENTRAL
ARKANSAS REGIONAL TRANSPORTATION STUDY AND CONCUR IN THE
AMENDMENTS TO THE CARTS AGREEMENT OF UNDERSTANDING.
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Wilson, and the Resolution was unanimously adopted.
A public hearing had been scheduled for this time and place by Resolution No.
9,999 adopted June 17, 1997, on the petition to vacate and close a portion of Cedar Street
between West 30th and West 31st Streets in Dickson Mill Addition to the City of Little
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Rock. The petition was filed by Gary Brown, McClelland Engineers, on behalf of Pro
Window and Door, Inc. Attached to the petition was a certified copy of the plat of
Dickson Mill Addition on file in the Pulaski County Circuit Clerk's Office, and a letter
from Beach Enterprises, Inc. listing the last apparent owners of record to abutting
property. The notice of hearing was published in the Dailey Record on June 24, 1997,
and July 1, 1997. The street abandonment was approved by the Planning Commission on
May 15, 1997. Mayor Dailey declared the public hearing open. Speaking in opposition
to the street closure was Mr. David McNamer, 2905 South Cedar Street. He was
opposed to the closure because his employees use Cedar Street between 30th and 31st
Streets to get to another business he owns in the area. The only other option is to drive
out onto Asher Avenue and make a U -turn onto Elm Street, which presents a dangerous
situation due to the traffic. Mr. Bill Rush, president of Rush Engineers at 4100 Asher
Avenue (the old Harvest Foods Store), was also opposed to the closing of Cedar Street.
He has buildings located on Cedar Street, and employees traveling between the locations
use Cedar Street because the access to Asher is very, very dangerous, and there is a good
potential for life threatening situations. If Cedar Street is closed, his employees and
customers will have no option but to go out to Asher Avenue. Mr. Mark McNamer also
spoke in opposition to the street closure. Mr. Gary Brown, McClelland Engineers,
representing Mr. Stewart and Pro Window and Door, Inc., presented pictures of Cedar
Street. He stated that Cedar Street is about 10 feet wide with deep ditches along both
sides of the street. Cedar Street is not called for on the Master Street Plan. Closing
Cedar Street will divert traffic onto Elm Street, which is a much safer street about 150
feet to the west. Mr. Stewart is building a new building and expects to add five new jobs
immediately. He will have to do half street improvements unless Cedar Street is closed.
Half of the street would be wider than the existing street now. After some discussion,
Director Hodges moved to waive the boundary street improvements. Director Adcock
seconded the motion. Public Works Director Chandra Russell said there is no way to
accommodate two way traffic on this portion of Cedar Street. The street needs minimal
improvements to accommodate two -way traffic or the owner would be required to make
the 15% in lieu contribution of all boundary street improvements. Mrs. Russell said staff
would be glad to work with Mr. Stewart on making very minimal improvements.
Director Hodges withdrew his motion to waive the boundary street improvements. The
Board generally agreed to allow staff time to work with Mr. Stewart, and to defer final
action until the reconvened meeting on July 8, 1997. Mayor Dailey declared the public
hearing closed at 11:08 o'clock P.M., and the proposed Ordinance was presented, with
the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF CEDAR
STREET BETWEEN WEST 30TH AND WEST 31ST STREETS IN DICKSON
MILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.
The Ordinance was read the first time, and left on the calendar for second reading on
Tuesday, July 8, 1997.
A public hearing had also been scheduled for this time and place by Resolution
No. 10,000, adopted June 17, 1997, on the petition filed by Joe White on behalf of
George E. Collins, Jr. and M'Liss Collins to vacate the public utility easement on Lot 35
of Pleasant Valley Estates Addition to the City of Little Rock. Attached to the petition
was a plat of Pleasant Valley Estates, and a letter from Beach Abstract & Guaranty
Company, listing the last apparent owners of record of abutting property. The notice of
hearing was published in the Daily Record on June 24, 1997, and July 1, 1997. Mayor
Dailey declared the public hearing open. No one was present to speak in opposition to
the abandonment and Mayor Dailey declared the public hearing closed. Consideration
was then given to Ordinance No. 17,524, described as:
AN ORDINANCE VACATING A PORTION OF THE PUBLIC UTILITY
EASEMENT IN LOT 35 OF PLEASANT VALLEY ESTATES ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS;
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July 1, 1997
775
and the Ordinance was read the first time. There was a motion by Director Adcock,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, 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 to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Item 25 on the Agenda was a discussion regarding the request for funds for
West Side Junior High School, located at 14th and Marshall Streets. City Manager
Charles Nickerson briefly reviewed his memorandum to the Board of Directors dated
June 26, 1997, in response to the letter dated June 18, 1997, from Ms. Pam Marshall,
Special Projects Coordinator for the Central Little Rock Community Development
Corporation (CDC), requesting grant funding in the amount of $410,000 from the City of
Little Rock for the Westside School Redevelopment Project. The City previously
committed $462,350 in HOME funds to the Westside School Redevelopment when
Volunteers of America (VOA) were part of the project. These funds were later
reallocated to VOA's new site. Mr. Nickerson said that while the project has merit, the
request is in opposition to the intent of the Landmark Building Fund, the Neighborhood
Residential Incentive Program, and the Facade Grant Program. Therefore, he
recommended that the Board reject the request. Ms. Marshall said that when Westside
School was originally scheduled for demolition in 1991, a number of neighborhood
residents and organizations came together to try to preserve it and develop a feasible plan
to utilize the building. The level of the City's commitment to that building has always
been in statements, not actions, until we put together the project with VOA. The City's
commitment was to VOA, not Westside. The original request to the City in 1991 was
$3.5 million for the entire project. They have come back on five different occasions
requesting money, and each time they have reduced the amount of the request, and each
time were told there was no money available. This is a large chunk of money, but it will
be leveraged ten times. We plan to put a training center in that building and bring jobs to
the community by renovating that building. We plan to preserve a magnificent historical
building. We have to close by the end of August, 1997, and need a commitment from the
City of Little Rock. Following the discussion, Mayor Dailey asked that the Westside
School Redevelopment Project be placed on the Agenda for July 15, 1997, and that
the Board be provided with more information.
Due to the late hour (11:30 P.M.), the Board of Directors deferred making
appointments to various Board and Commissions until the reconvened meeting on July
8, 1997.
Due to a conflict of interest related to the BFI Landfill issue, Mayor Dailey was
excused at 11:30 o'clock P.M.
With Vice Mayor Keck presiding, the Board of Directors began the discussion
regarding the Browning- Farris Industries (BFI) Landfill (formerly Worth James
Landfill), which was added to the Agenda at the request of Director Joyce. Director
Joyce stated that several of the neighbors in that area are interested in this matter and
hope that the City of Little Rock will appeal the permit granted by the Department of
Pollution, Control & Ecology for expansion of the BFI Landfill located at 3817
Mabelvale Pike. Director Hinton said that a lot of people still do not know what is going
on. He suggested getting with the people involved and come up with an action
committee to get rid of all of the dialogue. Director Joyce stated that the problem we are
facing is that the time frame for the appeal process expires July 3, 1997. City Attorney
Tom Carpenter referred to his memorandum dated June 27, 1997, and to the Public
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July 1, 1997
Works Department memorandum dated July 1, 1997. Mr. Carpenter's memo presented
his reasons why the City should not appeal. The Public Works memo explained
estimated costs to the City should it become liable for floodplain mitigation. In
conclusion Mr. Carpenter stated the estimate of $3 million up to $19.5 million could be a
very realistic expense the City would have to bear. The legal answer to the Board was -
yes, you can appeal; yes, you might be successful; success may carry a price with it; do
you wish to run that risk? Mr. Chuck Nestrud, representing BFI Landfill, stated that
BFI never built in the floodway. When BFI was bought the property in 1991, the existing
landfill was already above the flood plain, and BFI did not cause the problem. In
response to Director Joyce's question, "How do we stop this ?" Mr. Carpenter responded,
"We don't." "You are not going to stop this landfill's expansion to the whole 143 acres. If
you stop anything, you may stop the vertical expansion, but there is a risk involved."
Director Joyce said, "We have a lot of people out there that are very unhappy." Ms.
Argentina James, Community Affairs Manager for BFI, stated that she and two
colleagues knocked on 300 doors and 90% of those had no opinion or were favorable to
BFI being there. Following the discussion, Director Joyce moved to file an appeal of
the BFI application, and the motion was seconded by Director Adcock. The motion
failed by the following roll call vote: Ayes - Directors Joyce, Wyrick, and Adcock - total
3; Noes - Directors Hodges, Cazort, Keck, Kumpuris, Kelly, Wilson, and Hinton - total 7;
Absent - Mayor Dailey - total 1.
There being no further business to be presented, the Board of Directors recessed
at 12:00 o'clock midnight to reconvene on Tuesday, July 8, 1997, to consider the
Airport food services contract process, the Cedar Street closure, and to make
appointments to various Boards and Commissions.
ATTEST:
Q U41-A Z W444a C.0
City Clerk Robbie Hancock
14
APPROVED,
a
ayor Jim Dailey
764
Minutes
July 1, 1997
Hodges felt the Board should hear from Arkansas Concessions and Hudson Foods. Mr.
Gary Smith vehemently disagreed with Director Hodges' request. Mr. Brown said the
Airport Commission did not come to the meeting with the intent to make a detailed
presentation of each proposal, but would be glad to do so at another date. Director
Hinton said that according to the Agenda, the presentation was to be from the Airport
Commission only. If the Board wanted to hear each proposal, that should be scheduled
for another meeting. Director Cazort said there was a great misunderstanding by the
public as to the process that has been employed by the Airport, and he felt the Board
should give the Airport Commission the opportunity to explain the process in more detail
and to hear from all three bidders, either at this meeting or set another time. Director -
Hodges then moved "to hear from Arkansas Concessions and Hudson Foods
tonight." Director Cazort seconded the motion. Responding to a question by Director
Keck, City Attorney Tom Carpenter stated the Board does not have the authority to issue
or award the contract, that is the exclusive authority of the Airport Commission; the
Board does have the authority to determine if the Airport Commission is operating
properly. After some further discussion, a roll call vote was taken on Director Hodges'
motion as follows: Ayes - Directors Hodges, Cazort, Wyrick, and Adcock - total 4; Noes
- Directors Wilson, Hinton, Keck, Joyce, Kumpuris, Kelly and Mayor Dailey - total 7.
With the motion having failed, there was a subsequent motion by Director Keck to hear
from all parties when both vendors can be present with the Airport Commission on
Tuesday, July 8, 1997. The motion was seconded by Director Wilson and adopted by
the following roll call vote: Ayes - Directors Hodges, Cazort, Keck, Wyrick, Kumpuris,
Kelly, and Mayor Dailey - total 8; Noes - Directors Hinton, Joyce, and Adcock - total 3.
The main presenter for the Airport Commission (Mr. Fortson) would not be able to attend
the meeting on July 8, 1997. Director Hodges said Mr. Forson is essential to the
presentation and moved to reconsider the motion to have the meeting on July 8, 1997.
The motion was seconded by Director Cazort and unanimously adopted. Mr. Fortson
said he would try to rearrange his scheduled so that he could attend the July 8th meeting.
There was a subsequent motion and second by Directors Hodges and Cazort,
respectively, to have a meeting on July 8, 1997, at 4:00 P.M. to hear from the Airport
Commission and all bidders. The motion was adopted by the following roll call vote:
Ayes - Director Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Wilson, and
Mayor Dailey - total 9; Noes - Directors Adcock and Hinton - total 2. There was some
discussion as to the format for the meeting on July 8, some wanted presentations, others
wanted to ask questions. City Attorney Tom Carpenter pointed out the question before
the Board is - "Is the process used by your commission in awarding substantial public
contracts sufficient to merit public confidence? If after questioning the Airport
Commission in detail about this process, the answer is "yes, we have confidence," there is
no need to have presentations from either group. If the answer is "I still have questions,"
then both groups are there and you can ask the questions. Mr. Caprenter was concerned
that if the Board said "this is your presentation" and "this is your presentation," then the
Board is inviting a sell job from each of the applicants as opposed to a fact finding
mission for the Board. Having them there to answer questions is a good idea, but
directing that they be given time for a presentation is sending the wrong message.
Director Cazort said he only wanted their comments about the process, and then he may
have specific questions. (Director Kelly was excused at 7:10 o'clock P.M.) After more
discussion, Director Joyce moved "to have the Airport presentation tonight -
including the process that was used, how and why Host Marriott was chosen, and if
the Board has questions why Host was chosen, then ask those questions." Director
Hinton seconded the motion. The motion failed by the following roll call vote: Ayes -
Directors Keck, Joyce, Kumpuris, Adcock, and Hinton - total 5; Noes - Directors Hodges, —°
Cazort, Wyrick, Wilson, and Mayor Dailey - total 5; Absent - Director Kelly.
Whereupon, Mayor Dailey announced that the Airport food services contract would be
dealt with on Tuesday, July 8, 1997, at 4:00 P.M.
(Director Kelly re- enrolled at 7:15 o'clock P.M.)
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Mr. Tim Polk, Director of Housing and Neighborhood Programs, made a
presentation on the housing and landbank recommendations and distributed copies of
the Housing Resource Handbook, which was prepared to provide information for those
seeking affordable housing resources with the city and the region. He explained the
creation of the Housing and Landbank Authority was a recommendation of the FUTURE -
Little Rock Task Force. Director Adcock explained that certain members of the Task
Force would serve on the Housing and Landbank Authority, but not all of the Task Force
would be members. This had been such a long process, it was important that the
members of the Authority be familiar with what had transpired in order to move forward.
Following Mr. Polk's presentation, Director Adcock asked that the Resolution listed on
the Addendum to the Agenda be considered. Whereupon, Resolution No. 10,018 was
introduced with the title being:
A RESOLUTION TO DIRECT THE CITY MANAGER AND THE CITY
ATTORNEY TO DEVELOP ALL NECESSARY ORDINANCES,
RESOLUTIONS, AND OTHER MATTERS NECESSARY TO IMPLEMENT THE
REPORT OF THE HOUSING PARTNERSHIP AND LAND BANK AUTHORITY
TASK FORCE; TO ASSURE T14-AT THE INITIAL MEMBERSHIP OF THE
LITTLE ROCK COMMUNITY HOUSING BOARD WILL INCLUDE TASK
FORCE MEMBERS; AND FOR OTHER PURPOSES.
(The City Manager and City Attorney are directed to review the report attached to
the Resolution, to complete a legal and staff analysis, and to return the report to the
Board of Directors with any ordinances, resolutions, and budgets by August 31,
1997.)
Following the reading of the Resolution, Director Adcock moved for its adoption.
Director Joyce seconded the motion and the Resolution was unanimously adopted.
Director Adcock explained that due to the Central High School 40th
Anniversary celebration on September 25, 1997, fifty structures in that area had been
selected to be rehabilitated, painted, landscaped, and sidewalks repaired before the
celebration at no cost to the owner and a partnership developed between the owners and
businesses or individuals that were willing to adopt the houses and make the necessary
enhancements. She reported that there were 19 houses left to be adopted and urged the
business community to participate.
There was a motion by Director Joyce, seconded by Director Keck, to move
Agenda Item 26 to the Consent Agenda. The motion was unanimously adopted, and the
Resolution appointing commissioners to Metrocentre Improvement District No. 1 was
placed in the Consent Agenda. (See Resolution No. 10,022 below)
Consideration was then given to the Consent Agenda which consisted of the
following:
(1) A motion to set the date for a public hearing on the appeal of the Planning
Commission's approval of the Montgomery Special Use Permit (Z -6295) for a daycare
family home at 2812 Lenox Drive. (August 5, 1997)
(2) A motion to set the date for a public hearing on the appeal of the Planning
Commission's approval of the Stanfield Special Use Permit (Z -6301) for a daycare
family home at 2920 Romine Road. (August 5,1997)
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July 1, 1997
(3) Resolution No. 10,019, described:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH GENESIS
ENVIRONMENTAL SERVICE FOR THE PREPARATION OF A STORM
WATER POLLUTION PREVENTION PLAN (SWPPP) AND SPILL
PREVENTION CONTROL AND COUNTERMEASURES PLAN (SPCCP) FOR
THE CITY OF LITTLE ROCK'S CENTRAL MAINTENANCE FACILITY
LOCATED AT 3313 J.E. DAVIS DRIVE
(4) Resolution No. 10,020, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH JACK JENNINGS FIRE AND SAFETY
EQUIPMENT COMPANY FOR THE PURCHASE OF ONE (1) HEAVY DUTY
RESCUE TRUCK FOR THE LITTLE ROCK FIRE DEPARTMENT.
(5) Resolution No. 10,021, entitled:
A RESOLUTION TO PERMIT THE CHIEF DEPUTY CITY
ATTORNEY AND DEPUTY CITY ATTORNEYS TO PARTICIPATE IN THE
MONEY PURCHASE RETIREMENT PLAN ADMINISTERED BY THE ICMA
RETIREMENT CORPORATION; AND FOR OTHER PURPOSES.
(26) Added to the Consent Agenda was Resolution No. 10,022, described as:
A RESOLUTION APPOINTING DALE NICHOLSON AND JACK
FLEISCHAUER, JR. AS COMMISSIONERS OF METROCENTRE
IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK,
ARKANSAS.
Upon a motion by Director Adcock, which was seconded by Director Joyce and
unanimously adopted, the Consent Agenda was dispensed with as follows: (1 and 2) the
motions setting the date of hearing for August 5, 1997 on zoning appeals for the
Montgomery Special Use Permit at 2812 Lenox Drive and the Stanfield Special Use
Permit at 2920 Romine Road were unanimously adopted; and (3, 4, 5, and 26)
Resolutions No. 10,019, 10,020, 10,021, and 10,022 were read and unanimously
adopted.
At the time allotted for Citizen Communications, the first speaker was Mr. Ovid
Goode, editor and publisher of the Arkansas Tribune newspaper, which is delivered to
the black community. He told the Board of Directors that he could save the City money
on legal advertising by advertising in his newspaper. He said the purpose of legal
advertising is to reach the most people at the least amount of cost. Mayor Dailey told Mr.
Goode that he had met with the City Manager and City Attorney and asked them to come
back to the Board of Directors with some discussion on the issue of legal advertising.
The next speaker during Citizen Communications was Mr. Matt Holody, who
asked the status of the Taylor/Woodlawn drainage bond issue. City Manager Charles
Nickerson reported that staff has had several very good meetings in the neighborhood and
the general consensus of the majority of the folks in the neighborhood was that they liked
the project and wanted the City to move forward.
At 7:45 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board
of Directors reconvened at 8:05 o'clock P.M., Mayor Dailey presided and nine Directors
were present. (Director Wilson was absent.)
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Consideration was then given to Item 11 on the Agenda, being Ordinance No.
17,512, entitled:
AN ORDINANCE TO ESTABLISH STANDARDS AND
SPECIFICATIONS FOR THE RESTORATION OF EXCAVATIONS AND CUTS
IN STREETS OR ALLEY RIGHTS -OF -WAY; PROVIDING FOR A PERMIT
PROCESS; ESTABLISHING FEES; PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE PROCESS; AND FOR
OTHER PURPOSES;
and the Ordinance was read the third and last time, having been read the first time on
April 15, 1997, deferred from May 6, 1997 and May 20, 1997, and read the second time
on June 3, 1997. There was a motion by Director Keck to amend the Ordinance as per
the revised copy distributed by City Attorney Tom Carpenter. The motion was seconded
by Director Adcock and unanimously adopted by the Board Members present. A roll call
vote was then taken on passage of the Ordinance, as amended, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Hinton, and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson -
total 1. Therefore, the Ordinance was declared PASSED.
Item 12 on the Agenda was the public hearing on the appeal of the Planning
Commission's denial of a Conditional Use Permit for outdoor storage /display of
merchandise for Home Depot (Z- 5668 -C) at 12610 Chenal Parkway. The public
hearing and related resolution were deferred as requested by the applicant, Mr. James
Cannon, Manager of Home Depot. Mayor Dailey noted that staff is trying to work with
various types of similar businesses to deal with this from a policy directive standpoint.
(Director Wilson re- enrolled at 8:15 o'clock P.M.)
Introduced next was Ordinance No. 17,513, described as:
AN ORDINANCE TO AMEND CHAPTER 14 OF THE LITTLE ROCK
CODE TO ADD REGULATIONS OF THE USE OF TOBACCO PRODUCTS BY
MINORS; AND FOR OTHER PURPOSES.
(Note: See Minutes of May 20,1997; May 27,1997; June 3,1997; and June 17, 1997
for presentations and discussion.)
City Attorney Tom Carpenter reviewed the numerous changes that had been made as
provided in the copy of the Ordinance just distributed. Director Adcock moved to
amend the Ordinance as presented by Mr. Carpenter. The motion was seconded by
Director Cazort and unanimously adopted. Director Keck then moved to amend
Section 4(a)(1) to place a period after the phrase "To sell tobacco products through
vending machines," which would eliminate the sale of tobacco products through
vending machines. The motion was seconded by Director Hinton. Director Cazort stated
that a very good compromise has been reached by placing vending machines in areas not
frequented by minors and urged a no vote on the motion. A roll call vote was taken on
the motion as follows: Ayes - Directors Keck, Wyrick, Kelly, and Hinton - total 4; Noes
- Directors Hodges, Cazort, Joyce, Kumpuris, Adcock, Wilson, and Mayor Dailey - total
7. Whereupon, the motion failed. State Senator Jim Keet spoke in support of the
Ordinance, but expressed concern about how easy it is for minors to purchase tobacco
products in the City of Little Rock. He concluded by stating, "don't punish the victims,
educate them." Mr. Richard Blume spoke in support of the Ordinance and expressed
concern about his 14 year old son's smoking addiction. He urged the Board not to
penalize the kids. In response to the concern about criminalizing minors, Mr. Carpenter
recommended amending Section 5(b) to add the word "civil" before the word penalties
which would subject the minor to civil penalties and would not result in a criminal record
for the minor. Director Adcock moved to add the word "civil" before the word
penalties in Section 5(b). The motion was seconded by Director Hinton and adopted by
a voice vote of ten ayes and one no (Director Keck). Ms. Patty McLean read a letter
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from Debbie Rushing, Program Coordinator of Insure the Children, regarding adolescent
addiction and recommended an effective education and treatment program to address
nicotine addiction. Insure the Children can be ready to do this as early as September,
1997, with no increase in the existing budget. In response to a question on enforcement,
City Manager Charles Nickerson responded that he would come back to the Board with a
report on the strategy for enforcing the Ordinance. Dr. Craig Stotts, Coalition for
Tobacco Free Kids, spoke in support of the Ordinance, but urged the Board not to punish
the kids for acts illegally committed by adults. He said City government actions should
help these kids rather than punish them - start a cessation program through Insure the
Children. He urged the Board to place a ban on vending machines and self - service,
which would reduce the number of young people smoking. The Ordinance, as amended,
was then read the third and last time, having been read the first time on May 27, 1997,
and the second time on June 17, 1997. A roll call vote was taken on the question, Shall
the Ordinance Pass, which is recorded as follows: Ayes - Directors Hodges, Cazort,
Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Mayor Dailey -
total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared
PASSED. (Mr. Carpenter noted that the Ordinance will not become effective until
approved by FDA.)
The next presentation was the companion Ordinance No. 17,514, with the title
being:
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.
(Note: See Minutes of May 20,1997,- May 27,1997; June 3,1997; and June 17, 1997
for presentations and discussion.)
(See discussion above) City Attorney Tom Carpenter reviewed the changes that had
been made as provided in the copy of the Ordinance just distributed. Director Adcock
moved to amend the Ordinance as presented by Mr. Carpenter. The motion was
seconded by Director Cazort and unanimously adopted. The Ordinance, as amended,
was then read the third and last time, with the first and second readings having occurred
on May 27, 1997, and June 17, 1997, respectively. A roll call vote was taken on the
question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors
Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and
Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED. (Mr. Carpenter noted that the Ordinance will not become
effective until January 1, 1998.)
Introduced next was Resolution No. 10,023, with the title being:
A RESOLUTION TO DIRECT THAT THE MONIES COLLECTED
FROM LICENSE FEES, OR FINES, FROM ORDINANCES THAT DEAL WITH
THE SELL OF TOBACCO PRODUCTS TO MINORS BE USED FOR
ENFORCEMENT AND EDUCATION PROGRAMS; AND FOR OTHER
PURPOSES. (See Ordinances No. 17,513 and 17,514 above)
Following the reading of the Resolution, Director Adcock moved for its adoption. The
motion was seconded by Director Joyce and the Resolution was unanimously adopted.
Director Joyce moved to add to the Agenda a discussion of the BFI landfill
issue that needs action by Thursday, July 3, 1997. The motion was seconded by Director
Adcock and unanimously adopted. Therefore, the BFI appeal will be discussed at the
end of the Agenda. (See Minutes of June 17, 1997, pages 11 and 12, for discussion of the
BFI landfill expansion.)
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The next presentation was a proposed Resolution, described as:
A RESOLUTION DEVELOPING A CITY OF LITTLE ROCK
SUSTAINABLE GROWTH STRATEGY AND ACTION PLAN FOR
EVALUATING FUTURE DEVELOPMENT AND REVITALIZATION
PROPOSALS.
The first speaker was Mr. Jim Lynch, who spoke in support of the Resolution, stating a
sustainable growth policy is just plain common sense. In view of the fact that we have
discussed the proposed Deltic annexation since May 20th, we have learned that the City
of Little Rock is not prepared to embrace the real essential policies that make annexations
like this work. A lot of time needs to be spent on the issues. He emplored the Board to
adopt the Resolution. Ms. Pam Marshall, representing the Central High CDC, also
spoke in support of the Resolution. She said our lack of a sustainable growth policy has
created an incentive for upper income people to move out and a wall keeping lower
income people in the older neighborhoods that are slowly dying around them. Speaking
in opposition to the Resolution was Mr. Dickson Flake, who stated he commended the
objective of the Resolution, however, the Resolution will not produce the intended result.
It is naive to think that we can control market forces. The only way to stimulate the
mature area is to make people want to live there through enhanced public safety, security
and incentives. If you limit the City's boundaries, you are going to start a decline from
which we will not recover. City Attorney Tom Carpenter read Section 6 of the proposed
Resolution to Mr. Flake, stating that he had attempted to incorporate the various issues
raised by the discussion of the Chenal annexation. Director Keck expressed concerns
regarding Sections 2 and 3 of the proposed Resolution. Director Joyce noted that the
Board had received Resolution No. 113 from the Planning Commission requesting a
deferral of the sustainable growth resolution to give the Commission opportunity to
discuss the proposal at the Planning Commission Annexation Retreat on July 24, 1997.
Director Wyrick then moved to refer the sustainable growth strategy proposal to the
Planning Commission and the motion was seconded by Director Joyce. Director Kelly
said there is nothing in his proposed Resolution to prohibit the Planning Commission
from reviewing the sustainable growth strategy. Following the discussion, a roll call vote
was taken on the motion to refer the sustainable growth proposal to the Planning
Commission, with the vote recorded as follows: Ayes - Directors Hodges, Cazort, Keck,
Joyce, Wyrick, Kumpuris, Adcock, and Mayor Dailey - total 8; Noes - Directors Kelly,
Wilson, and Hinton - total 3; Absent - None. With the adoption of the motion, no action
was taken on the proposed Resolution, and the sustainable growth strategy proposal
was referred to the Planning Commission.
Consideration was then given to Ordinance No. 17,515, 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, T -2 -N, R -14 -W, PULASKI COUNTY, ARKANSAS.
(Chenal Valley Annexation - Duquesne Community - 712 acres located south and
west of the Chenal Parkway and Hwy. 10 Intersection. See Court Order No. 97 -170
dated April 10, 1997.)
Speaking in opposition to the proposed annexation were Ms. Johnny Pugh, Mr. Jim
Lynch, and Ms. Pam Marshall. Ms. Pugh, representing the New Party, asked the Board
to vote against the annexation. She said the City's housing and jobs are constantly
moving westward, leaving east and central Little Rock without a lot of the things that we
really need. The needs of this part of the City should be taken care of before taking in
other areas. Mr. Lynch was very disappointed in the vote on the growth strategy (see
above), stating we want annexation to benefit all of us. He concluded by urging the
Board to vote against the annexation. Ms. Marshall said she did not oppose annexation,
but she did oppose economic and racial segregation. In the original development of
Chenal, promises were made about fair share housing, but it is not fair to build $150,000
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houses that cannot be occupied by the medium income in the City of Little Rock.
Speaking in support of the annexation was Mr. Jack McCray, representing Deltic
Timber Corporation. He urged the Board to approve the annexation, which is the third in
a series. He pledged his support in working with the staff and others on the sustainable
growth strategy, because the City needs one. There was a brief discussion regarding the
Little Rock and Pulaski County inter - district school issue and the impact this annexation
would have on the desegregation agreement. City Attorney Tom Carpenter said it does
not impact it because the Consent Decree took away a provision of Judge Wood's original
Order that would have made the City boundaries and the school district boundaries
contiguous. However, the Eighth Circuit Court did not deny the opportunity for there to
be annexation of school district boundaries to match that of cities. But the Legislature
essentially repealed all of the statutes that would have allowed that type of thing. So this
property could not be put in the Little Rock School District without a change in
legislation. Mr. Lynch said we together can start a petition tonight to create a South of
the River School District; all it takes is a majority of the electors in the area, we don't
even have to have an election. We need to think about this because this would take the
desegregation pressure off these annexation issues. Mr. Jim Lawson, Director of
Planning and Development, and Mr. Tim Polk, Director of the Housing and
Neighborhood Programs, responded to questions by the Board. Following the lengthy
discussion, the Ordinance was read the third and last time, having been read the first time
on May 20, 1997, and the second time on June 17, 1997. (See Minutes of May 20, 1997,
June 3, 1997, and June 17, 1997.) A roll call vote was taken on passage of the Ordinance
as follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Adcock,
and Mayor Dailey - total 8; Noes - Directors Kelly, Wilson, and Hinton - total 3; Absent -
None. Therefore, the Ordinance was declared PASSED.
At 10:15 o'clock P.M. Mayor Dailey declared a ten minute recess. When the
Board reconvened at 10:25 o'clock P.M., Mayor Dailey presided and all Directors were
present.
Introduced next was Item No. 13 on the Agenda, being Ordinance No. 17,516,
described as:
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 -11 701 Stagecoach Road.)
and the Ordinance was read the second time, having been read the first time on June 17,
1997. There was a motion and second by Directors Cazort and Hinton, respectively, to
suspend the rules to provide for the third and final reading of the Ordinance. The motion
was unanimously adopted by the Board Members present, being eleven in number and
two thirds or more of the members of the Board of Directors, and the Ordinance was read
the third and last time. A roll call vote was taken on the question, Shall the Ordinance
Pass, with the vote recorded as follows: Ayes - Directors Hodges, Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Wilson, and Hinton - total 8; Noes - Directors Keck, Adcock, and
Mayor Dailey - total 3; Absent - None. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Zoning Application Z -6287 filed by W. A. Jones to
rezone 29.43 acres located at 11701 Stagecoach Road from "R -2" Single Family District
to "R -7" Mobile Home District and "OS" Open Space District. The reclassification was
approved by the Planning Commission on May 15, 1997. No one was present to speak in
opposition to the rezoning, and Ordinance No. 17,517 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND
FOR OTHER PURPOSES;
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(Z -6287 - To rezone 29.43 acres located at 11701 Stagecoach Road from "R -2"
Single Family District to "R -7" Mobile Home District and "OS" Open Space
District.)
and the Ordinance was read the second time, having been read the first time on June 17,
1997. There was a motion and second by Directors Cazort and Hinton, respectively, to
suspend the rules to provide for the third and final reading of the Ordinance. The motion
was unanimously adopted by the Board Members present, being eleven in number and
two thirds or more of the members of the Board of Directors, and the Ordinance was read
the third and last time. A roll call vote was taken on the question, Shall the Ordinance
Pass, with the vote recorded as follows: Ayes - Directors Hodges, Cazort, Joyce, Wyrick,
Kumpuris, Kelly, Wilson, and Hinton - total 8; Noes - Directors Keck, Adcock, and
Mayor Dailey - total 3; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 17,518, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN
THE OTTER CREEK DISTRICT FROM COMMUNITY SHOPPING TO
COMMERCIAL; AND FOR OTHER PURPOSES; (Re: Z -391 S A -12024 I -30)
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly,
Adcock, Wilson, Hinton and Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance was declared PASSED.
Zoning Application Z- 3915 -A was introduced next, which was filed by Charles
W. Reimer, on behalf of CalArk International, to rezone 29.19 acres at 12024 I -30 from
"R -2" Single Family and "C -3" General Commercial Districts to "C -4" Open Display
District. The reclassification was approved by the Planning Commission on May 29,
1997. No one was present to speak in opposition to the rezoning and Ordinance No.
17,519 was presented, described as:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE
CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND
FOR OTHER PURPOSES;
(Z- 3915 -A - To rezone 29.19 acres at 12024 I -30 from "R -2" Single Family and 11C-
3" General Commercial Districts to "C -4" Open Display District.)
and the Ordinance was read the first time. There was a motion by Director Hinton,
seconded by Director Joyce, to suspend the rules and place the Ordinance on second
reading. The motion was unanimously adopted by the Board Members present, being
eleven in number and two- thirds or more of the members of the Board of Directors, and
the second reading of the Ordinance ensued. There was a subsequent motion and second
by Directors Adcock and Keck, respectively, to again suspend the rules to provide for the
third and final reading of the Ordinance. The motion was unanimously adopted by the
Board Members present, being eleven in number and two- thirds or more of the members
of the Board of Directors, and the Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
0