01-21-9213
Board of Directors Chamber
Little Rock, Arkansas
January 21, 1992 - 6:10 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Sharon Priest presiding. City
Clerk Robbie Hancock called the roll with the following Directors
present: Directors Roy, Hollingsworth, Lewellen, Shackelford,
Dailey, and Catlett - total 6; Absent - None.
With a quorum present, Mayor Priest then declared the Board
of Directors in session.
The Invocation was given by Director Shackelford.
The Consent Agenda was presented, consisting of the
following items:
(a) Approval of the minutes of the previous Board of
Directors Meeting held January 7, 1992, the Special Meeting held
January 7, 1992, and the Reconvened Special Meetings held January
8, 1992, January 14, 1992 and January 15, 1992.
(b) The Audit Report of Oakland - Fraternal Cemetery for the
period ending October 31, 1991.
(c) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of November,
1991.
(d) Resolution No. 8,634, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED TO CONVEY THE CITY'S INTEREST IN LOT 1,
BLOCK 3, CHATTANOOGA ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (3201 South Arch Street to Lawrence & Richmond Jones).
(e) Resolution No. 8,635, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF 3/4 TON PICKUP
TRUCKS, COMPACT SEDANS, PICKUP TRUCKS, DUMP TRUCKS AND A
FLATBED /STAKEBED TRUCK FOR THE DEPARTMENT OF GENERAL
SERVICES /FLEET SERVICES DIVISION.
(e) Resolution No. 8,636, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE REPAIR AND RESTORATION OF THE
SWAGGERTY BRANCH STORM SEWER SYSTEM IN THE VICINITY OF 1301 WEST
ROOSEVELT ROAD. (To Township Builders, Inc. in an amount not to
exceed $32,680.)
(f) Resolution No. 8,637, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE AND INSTALLATION OF A
HVAC UNIT, AND FITNESS EQUIPMENT FOR THE WAR MEMORIAL FITNESS
CENTER, A 1988 CAPITAL IMPROVEMENT BOND PROJECT.
(g) Resolution No. 8,638, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR
CONSTRUCTION OF THE BOWMAN ROAD EXTENSION; AND AUTHORIZING THE
CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE
CONSTRUCTION OF THE BOWMAN ROAD EXTENSION PROJECT. (To James A.
Rogers Excavating Co. in an amount not to exceed $419,458.)
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(h) Resolution No. 8,639, described as:
A RESOLUTION SUPPORTING THE TRANSFER OF SLUDGE FROM THE
CITY OF NORTH LITTLE ROCK FAULKNER LAKE TREATMENT PLANT TO THE
CITY OF LITTLE ROCK WASTEWATER TREATMENT FACILITIES. (Fourche
Facilities.)
By a motion from Director Dailey, seconded by Director Lewellen,
which was adopted by unanimous vote of the Board Members present,
the Consent Agenda was dispensed with as follows: (a) The Minutes
of the previous Board of Directors Meeting held January 7, 1992,
the Special Meeting held January 7, 1992, and Reconvened Special
Meetings held January 8, 1992, January 14, 1992 and January 15,
1992 were adopted as written and distributed to the Board
Members; (b) the Audit Report of Oakland - Fraternal Cemetery for
the period ending October 31, 1991 was received and filed; (c)
the Comparative Statement of Income Account of the Little Rock
Municipal Water Works for the month of November, 1991 was
received and filed; and (d, e, f, g, h, and i) Resolutions No.
8,634, 8,635, 8,636, 8,637 8,638 and 8,639 were read in full and
adopted by unanimous voice vote of the Board Members present.
On behalf of the Board of Directors, Mayor Priest expressed
sympathy to the family of Mr. Russell Mattson, who died on
January 16, 1992, and commended his service as a member of the
Little Rock Water Works Commission.
Director Roy presented a Key to the City to Dr. Chen, from
Hunan Province, the People's Republic of China, who is a visiting
scholar through a program of the World Eye Foundation.
Director Shackelford and Director Lewellen presented
Honorary Citizen Certificates and gift bags to five Swedish
visitors that were in Little Rock as part of the International
Visitors Program.
Due to the number of people registered to speak at Citizens
Communication time, Board Members agreed to allow one hour rather
than the scheduled fifteen minutes and to allow thirty minutes
for each of the two main issues - firefighters and shooting
range. Those that did not have opportunity to speak during the
allotted time would be heard at the end of the meeting after the
regular agenda items were considered. (Director Shackelford made
comments regarding the purpose of Citizens Communication and the
amount of time allotted for citizens to address the Board on
issues that are not on the Agenda.)
Mr. Benny Johnson, 6200 Asher Avenue #109, was the first
speaker. He stated he was with Security at Central High School
and is concerned about black crime. He has started a movement
called "Stop the Violence" and requested City resources to assist
in this project.
Mayor Priest then allotted 30 minutes for the firefighters
to address the Board of Directors. Those speaking regarding pay
raises and step increases for firefighters were: Eric S. Marsh,
Brian Harlan, Gene Tucker, Bernie Sherwood, Pamela Richard, and
Randy Hicks. All urged the Board to find the money for raises
and step increases for the people (firefighters) that put their
lives on the line everyday for the citizens of Little Rock and
are committed to doing a good job. (See Minutes of January 7,
1992 - Citizens Communication.)
Those speaking during the thirty minutes allotted to the
Rebsamen Park shooting range issue were: Luke Moorman, James E.
Norris, Ms. Trish Brierley, Tom Wingard, Martin Dow and Robert
Naylor. Mr. Moorman, a member of the Little Rock Shooting Sports
Association, explained the need for a shooting range and urged
the Board to reopen the Rebsamen Park shooting range which was
closed by Police Chief Caudell on January 2, 1992. (See Minutes
of January 7, 1992 - Citizens Communications.) Mr. Norris (a
member of the Range Technical Team of the National Rifle
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January 21, 1992
Association) who was present at the request of Mr. Moorman,
stated he had made an analysis of the safety of the shooting
range and reviewed the recommendations of Police Chief Caudell.
His opinion was that a bulldozer and three days work on the berm
would bring the range up to acceptable standards. He stated that
the estimated $40,000 for improvements would be money well spent
and urged the Board not to abandon the project. Ms. Brierley
and Mr. Wingard both spoke in support of the closing and urged
the Board to keep it closed due to the noise and for safety
purposes. Mr. Naylor urged the Board to request a thorough
investigation of the incident of the bullets passing Mr.
Wingard's head while he was kayaking on the Arkansas River.
There was a brief discussion among Board Members regarding
liability, safety, securing the closed facility, and the need to
explore alternatives.
At 7:45 o'clock P.M. Mayor Priest declared a five minute
recess.
When the Board of Directors reconvened at 7:55 o'clock P.M.,
Mayor Priest presided and the following Directors were present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey, and
Catlett - total 6; Absent - None.
Consideration was then given to Ordinance No. 16,147,
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 -5501 - To rezone 2723 North University Avenue from 11C -3"
General Commercial District to 11R -2" Single- family District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Lewellen, which was seconded by Director Roy and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the
Ordinance, there was a subsequent motion by Director Lewellen
that the rules again be suspended and the Ordinance be placed on
third and final reading. Director Dailey seconded the motion
which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A third and
last reading of the Ordinance ensued, followed by an Aye and No
Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth, and Lewellen - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 16,148, entitled:
AN ORDINANCE AMENDING THE GEYER SPRINGS EAST LAND USE PLAN
IN AN AREA GENERALLY SOUTH OF BASELINE BETWEEN LEW DRIVE AND
SUNSET LANE AND OTHER MATTERS;
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Lewellen, which was seconded by Director Roy and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the
Ordinance, there was a subsequent motion by Director Lewellen
that the rules again be suspended and the Ordinance be placed on
third and final reading. Director Dailey seconded the motion
which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A third and
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last reading of the Ordinance ensued, followed by an Aye and No
Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth, and Lewellen - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
The next matter to be considered was Ordinance No. 16,149,
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;
(2-5524 - To rezone property located on Bowman Road south of West
Markham Street from "R -4" Two- family District to 110 -3" General
Office District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Lewellen, which was seconded by Director Roy, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the
Ordinance, there was a subsequent motion by Director Lewellen
that the rules again be suspended and the Ordinance be placed on
third and final reading. Director Dailey seconded the motion
which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A third and
last reading of the Ordinance ensued, followed by an Aye and No
Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth, and Lewellen - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Ordinance No. 16,150 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 -5525 To rezone 5624 Baseline Road from "R -2" Single- family
District to "C -3" General Commercial District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Lewellen, which was seconded by Director Roy, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the
Ordinance, there was a subsequent motion by Director Lewellen
that the rules again be suspended and the Ordinance be placed on
third and final reading. Director Dailey seconded the motion
which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A third and
last reading of the Ordinance ensued, followed by an Aye and No
Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth, and Lewellen - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
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January 21, 1992
The next presentation was Ordinance No. 16,151, 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 -5526 - To rezone West 34th and Mary Streets from 11R -2"
Single- family District to 11I -2" Light Industrial District.)
and said Ordinance was read the first time. The rules were then
suspended and the Ordinance placed on second reading by motion
from Director Lewellen, which was seconded by Director Roy, and
unanimously adopted by members of the Board of Directors present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect. Upon second reading of the
Ordinance, there was a subsequent motion by Director Lewellen
that the rules again be suspended and the Ordinance be placed on
third and final reading. Director Dailey seconded the motion
which was adopted by unanimous vote of the members of the Board
of Directors present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect. A third and
last reading of the Ordinance ensued, followed by an Aye and No
Vote taken on passage of the Ordinance, with the results recorded
as follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth, and Lewellen - total 7;
Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Introduced next 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;
(2-5515 - To rezone 5315 Baseline Road from 11R -2" Single- family
District to 11C -3" General Commercial District.)
and the Ordinance was read the first time. Mr. Jim Lawson,
Director of the Department of Neighborhoods and Planning,
explained the Geyer Springs Land Use Plan (see Ordinance No.
16,148 above) and discussed the applicant's request for 11C -3"
zoning. Mayor Priest stated she was not supportive of the
commercial zoning at that location because it would be strip
zoning. There was a brief discussion among Board Members
concerning office and commercial uses for this property. Since
the applicant was not present to answer questions by Board
Members, the Ordinance was left on the calendar for second
reading on February 4, 1992.
The next five Ordinances (Agenda Items 7, 8, 10, 11 and 12)
were discussed as a group since they were all part of the
Extraterritorial Area No. 2 package. Mr. Jim Lawson, Director of
the Department of Neighborhoods and Planning, explained the
proposed changes to the Rock Creek Valley Land Use Plan and the
Ellis Mountain /Crystal Valley Land Use Plan. There was a lengthy
discussion regarding PCD's at 3 locations: the Crockett Auto
Salvage at 8200 Colonel Carl Miller Road; a storage facility at
8510 Colonel Carl Miller Road; and a sheet metal shop at 13805
Crystal Valley Road. During the discussion, Board Members agreed
to read the ordinances one time and leave them on the calendar
for further review since the Land Use Plans do not show PCD and
to allow Mr. Lawson to work out green strips and other issues
with the PCD concept.
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Consideration was then given to a proposed Ordinance
described as:
AN ORDINANCE TO AMEND THE ROCK CREEK VALLEY LAND USE PLAN IN
VARIOUS LOCATIONS AND FOR OTHER PURPOSES;
with the Ordinance being read the first time. (See discussion
above.) There was no motion and second to suspend the rules;
therefore, the Ordinance was left on the calendar for second
reading on February 4, 1992.
The next presentation was a proposed Ordinance entitled:
AN ORDINANCE TO AMEND THE ELLIS MOUNTAIN /CRYSTAL VALLEY LAND
USE PLAN IN VARIOUS LOCATIONS AND FOR OTHER MATTERS;
with the Ordinance being read the first time. (See discussion
above.) There was no motion and second to suspend the rules;
therefore, the Ordinance was left on the calendar for second
reading on February 4, 1992.
Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE TO ESTABLISH ZONING DISTRICTS IN THE AREA
LOCATED SOUTH OF KANIS AND DENNY ROADS IN WESTERN PULASKI COUNTY
WHICH IS OUTSIDE OF BUT WITHIN THREE MILES OF THE CORPORATE
LIMITS OF THE CITY OF LITTLE ROCK, TO MAKE THE CITY'S
COMPREHENSIVE ZONING REGULATIONS APPLICABLE THERETO; AND
DECLARING AN EMERGENCY;
and said Ordinance was read the first time. (See discussion
above.) There was no motion and second to suspend the rules;
therefore, the proposed Ordinance remained on the calendar for
second reading on February 4, 1992.
The next presentation was a proposed Ordinance described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED CROCKETT AUTO SALVAGE IN THE
EXTRATERRITORIAL PLANNING BOUNDARY OF LITTLE ROCK, ARKANSAS,
AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK; AND FOR OTHER PURPOSES;
(Z- 5513 -B - To rezone 8200 Col. Carl Miller Road from 11R -2"
Single- family District to Planned Commercial Development. )
and there was a first reading of the Ordinance. Mr. Jim Lawson,
Director of the Department of Neighborhoods and Planning,
explained the Staff recommendation of denial, and answered
questions by Board Members. (See discussion above.) There was no
motion and second to suspend the rules; therefore, the proposed
Ordinance remained on the calendar for second reading on February
4, 1992.
Introduced next was a proposed Ordinance, entitled:
AN ORDINANCE TO WAIVE THE FILING FEE AND REFILING PROVISION
FOR EXISTING USES WITHIN EXTRATERRITORIAL PLANNING AREA 2 FOR A
PERIOD OF SIX MONTHS TO END JULY 17, 1992;
and there was a first reading of the Ordinance. (See discussion
above.) Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, explained that Staff is recommending
waiver of the filing fee since the City of Little Rock is
initiating the action in Extraterritorial Area No. 2 rather than
property owners requesting action. There was no motion and
second to suspend the rules; therefore, the proposed Ordinance
remained on the calendar for second reading on February 4, 1992.
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Consideration was then given to Resolution No. 81640, with
the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS WAIVING THE NORMAL ZONING RIGHT -OF -WAY
DEDICATIONS FOR EXISTING BUSINESSES IN EXTRATERRITORIAL AREA II
AND FOR OTHER PURPOSES;
and the Resolution was read in full. A motion was made by
Director Dailey, seconded by Director Shackelford, that the
Resolution be adopted. The Resolution was adopted by unanimous
voice vote of the Board Members present.
The next matter to be considered was Ordinance No. 16,152,
described as:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (THE 1992 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES.
with the Ordinance being read the first time, after which there
was a motion by Director Dailey, seconded by Director
Hollingsworth, to suspend the rules and place the Ordinance on
second reading. The motion was unanimously adopted by members of
the Board of Directors present, being seven in number and two -
thirds or more of the members of the Board of Directors - elect,
and a second reading of the Ordinance ensued. There was a
subsequent motion by Director Roy, seconded by Director Dailey,
to suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by members of the
Board of Directors present, being seven in number and two - thirds
or more of the members of the Board of Directors -elect and there
was a third and last reading of the Ordinance, followed by an Aye
and No Vote on passage of the Ordinance which resulted as
follows: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes
- None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Ordinance No. 16,153 was considered, with the title being:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF
LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR
SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE
SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
Director Catlett stated she had received a request for a 90 day
waiver on the property at 3820 West 11th Street because it is
involved in a will dispute. The Board agreed to a 90 day
administrative extension for the property located at 3820 West
11th Street. Mr. John Bradford, owner of the property at 2024
West 16th Street /1523 Schiller Street, asked the Board to grant
him additional time in order to obtain a rehabilitation loan.
(Note: This property had been removed from a condemnation
ordinance on October 15, 1991 at Mr. Bradford's request. See
Minutes for October 15, 1991 - Ordinance No. 16,112.) Mr.
Bradford stated he was willing to sign an agreement for a 90 day
extension. Director Hollingsworth and Director Shackelford
requested a staff report on the houses in that block and down
16th Street. After a lengthy discussion, at the suggestion of
City Manager Tom Dalton, the Board agreed to grant a 30 day
administrative extension and then review the progress in
obtaining the financing and beginning the rehabilitation of the
structure at 2024 West 16th Street /1523 Schiller Street. The
Ordinance was then read the first time. The rules were suspended
and the Ordinance placed on second reading by motion and second
from Directors Dailey and Hollingsworth, respectively, which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a subsequent motion by Director Roy,
seconded by Director Dailey, to suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
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January 21, 1992
adopted by the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and last reading
of the Ordinance, followed by an Aye and No Vote taken on passage
of the Ordinance which resulted as follows: Ayes - Directors
Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes
- None; Absent - None. Whereupon, the Ordinance together with
the Emergency Section was declared PASSED.
The next matter to be considered was Ordinance No. 16,154,
described as:
AN ORDINANCE AMENDING AND REVISING SECTION 20 -24 OF THE
LITTLE ROCK CITY CODE, REVISED 1988, TO CLARIFY THE REQUIREMENT
OF BOARDING AND SECURING UNSAFE BUILDINGS OR STRUCTURES; AND FOR
OTHER RELATED PURPOSES.
Ms. Kathy Wells, Vice President of the Coalition of Little Rock
Neighborhoods, spoke in support of the Ordinance. The Ordinance
was then read the first time. The rules were suspended and the
Ordinance placed on second reading by motion and second from
Directors Dailey and Hollingsworth, respectively, which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a subsequent motion by Director Roy,
seconded by Director Dailey, to suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and last reading
of the Ordinance, followed by an Aye and No Vote taken on passage
of the Ordinance which resulted as follows: Ayes - Directors
Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Shackelford, Dailey, Catlett, Mayor
Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes
- None; Absent - None. Whereupon, the Ordinance together with
the Emergency Section was declared PASSED.
Consideration was then given to Ordinance No. 16,155,
entitled:
AN ORDINANCE REVISING CHAPTER 8, ARTICLE V KNOWN AS THE
HOUSING CODE AND ESTABLISHING REGULATIONS, PROCEDURES, GUIDELINES
AND PENALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EMERGENCY;
Ms. Kathy Wells, Vice President of the Coalition of Little Rock
Neighborhoods, spoke in support of the Ordinance. The Ordinance
was then read the first time. The rules were suspended and the
Ordinance placed on second reading by motion and second from
Directors Dailey and Hollingsworth, respectively, which was
adopted unanimously by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. There was a subsequent motion by Director Roy,
seconded by Director Dailey, to suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by the members of the Board of Directors present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and last reading
of the Ordinance, followed by an Aye and No Vote taken on passage
of the Ordinance which resulted as follows: Ayes - Directors
Shackelford, Dailey, Catlett, Mayor Priest, Directors Roy,
Hollingsworth and Lewellen - total 7; Noes - None; Absent - None.
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The Emergency Clause contained in Section 20 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Shackelford, Dailey, Catlett,
Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total
7; Noes - None; Absent - None. Whereupon, the Ordinance together
with the Emergency Section was declared PASSED.
The next presentation was Ordinance No. 16,156, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK CODE OF
ORDINANCES TO REQUIRE A CONDITIONAL USE PERMIT FOR HAZARDOUS AND
MEDICAL WASTE DISPOSAL FACILITIES LOCATED IN THE CITY OF LITTLE
ROCK, ARKANSAS; TO PROVIDE FOR AN APPLICATION AND REVIEW
PROCEDURE; AND FOR OTHER PURPOSES.
At the request of Mayor Priest, City Attorney Tom Carpenter
explained changes made in the proposed Ordinance since the second
reading on January 7, 1992. Major language changes were made in
Section 17. Also, the words "solid waste" (which could have an
effect on landfills) were removed from the language of the
Ordinance, to clarify that this is a medical waste /hazardous
waste ordinance. He explained that certain issues proposed by
the Coalition of Little Rock Neighborhoods were not included in
the Ordinance because those issues are regulatory and not zoning
issues. Director Roy suggested three areas of future
environmental laws or ordinances: (1) privilege license (which
had been added to Agenda); (2) strengthen the environmental
municipal code; and (3) seek legislation for more latitude in
what the City can do. Director Dailey suggested that the Board
direct the newly appointed Steering Committee to appoint a task
force to develop an environmental codes policy, including
regulatory measures, and that the City Attorney have
representation on various meetings that deal with this issue.
At 9:27 o'clock P.M. Mayor Priest declared a three minute
recess.
When the Board of Directors reconvened at 9:35 o'clock P.M.,
Mayor Priest presided and the following Directors were present:
Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey, and
Catlett - total 6; Absent - None.
Mayor Priest then gave opportunity for those registered to
speak regarding the hazardous waste /medical waste ordinances to
address the Board. Those speaking were: Barry Haas, Nell
O'Neal, Charlene Hardcastle, Mary weeks, Patricia Dicker, Michael
Booker, Rev. J. E. Booker, Randy Mowry, Jim Lynch, Jeffrey
Hawkins, Tom McCrae, Barbara Douglas, State Representative Bill
Walker, Jim Harris and Ned Armstead.
Barry Haas suggested that the City Attorney be represented
at several upcoming meetings regarding hazardous waste /medical
waste.
Charlene Hardcastle urged the Board to adopt more stringent
amendments and listed the following five public health
amendments: (1) evidence of liability insurance, (2) emergency
preparedness plan, (3) site closure plan, (4) site analysis fee
of $100,000; and (5) very thorough public notification and
hearing process. The other speakers supported the five public
health amendments and urged the Board of Directors to act on
them. City Attorney Tom Carpenter again advised the Board of
Directors that this is a zoning ordinance only and any regulatory
provisions would have to be considered separately.
A motion was made to amend the Ordinance as revised since
the first and second readings. The motion was made and seconded
by Directors Dailey and Shackelford, respectively, and
unanimously adopted by the Board Members present. The Ordinance,
as amended, was read the third and final time. (See Minutes of
December 17, 1991 and January 7, 1992 for first and second
readings.) The Aye and No Vote taken on the passage of the
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January 21, 1992
Ordinance received the following response: Ayes - Directors
Shackelford, Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - Director Lewellen - total 1;
Abstained - Director Catlett - total 1; Absent - None.
The Emergency Clause contained in Section 19 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Shackelford, Dailey, Mayor
Priest, Directors Roy and Hollingsworth - total 5; Noes -
Director Lewellen - total 1; Abstained - Director Catlett - total
1; Absent - None. Whereupon, the Ordinance together with the
Emergency Section was declared PASSED.
Consideration was then given to Ordinance No. 16,157,
described as:
AN ORDINANCE AMENDING CHAPTER 36 OF THE LITTLE ROCK CODE OF
ORDINANCES, PROVIDING FOR HAZARDOUS AND MEDICAL WASTE DISPOSAL AS
A CONDITIONAL USE IN INDUSTRIAL ZONES DESIGNATED AS I -2 AND I -3;
AND FOR OTHER PURPOSES;
and there was a motion to amend the Ordinance as revised since
the first and second readings. The motion was made and seconded
by Directors Dailey and Shackelford, respectively, and
unanimously adopted by the Board Members present. The Ordinance,
as amended, was read the third and final time. (See Minutes of
December 17, 1991 and January 7, 1992 for first and second
readings.) The Aye and No Vote taken on the passage of the
Ordinance received the following response: Ayes - Directors
Shackelford, Dailey, Mayor Priest, Directors Roy and
Hollingsworth - total 5; Noes - Director Lewellen - total 1;
Abstained - Director Catlett - total 1; Absent - None.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Shackelford, Dailey, Mayor Priest,
Directors Roy and Hollingsworth - total 5; Noes - Director
Lewellen - total 1; Abstained - Director Catlett - total 1;
Absent - None. Whereupon, the Ordinance together with the
Emergency Section was declared PASSED.
Upon question by Mr. Jim Lynch and Ms. Charlene Hardcastle,
Mayor Priest stated that the Board of Directors will consider a
regulatory ordinance regarding hazardous waste /medical waste
incineration as soon as City Attorney Tom Carpenter has an
Ordinance prepared.
The last matter to be considered was Ordinance No. 16,158,
which was added to the Agenda at the request of City Attorney Tom
Carpenter, with the title being:
AN ORDINANCE AMENDING CHAPTER 17 OF THE LITTLE ROCK CODE OF
ORDINANCES, PROVIDING FOR A PRIVILEGE LICENSE FEE TO BE ASSESSED
FOR OPERATION OF HAZARDOUS OR MEDICAL WASTE DISPOSAL FACILITIES;
AND FOR OTHER PURPOSES;
City Attorney Tom Carpenter explained the need for a privilege
license fee for commercial medical waste facilities and how the
amount of the fee was determined. The Ordinance was then read
the first time. The rules were suspended and the Ordinance
placed on second reading upon motion and second by Directors
Dailey and Hollingsworth, respectively, which was adopted by the
members of the Board of Directors present, being seven in number
and two - thirds or more of the members of the Board of Directors -
elect. (Note: Director Lewellen voted No on suspension of the
rules.) Upon second reading of the Ordinance, there was a
subsequent motion made by Director Roy that the rules be further
suspended and the Ordinance be placed on third and final reading.
Director Dailey seconded the motion which was adopted by vote of
the members of the Board of Directors present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect. (Note: Director Lewellen voted No on suspension
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Minutes
January 21, 1992
of the rules.) A third and last reading of the Ordinance ensued,
followed by an Aye and No Vote taken on passage of the Ordinance
which resulted as follows: Ayes - Directors Shackelford, Dailey,
Mayor Priest, Directors Roy and Hollingsworth - total 5; Noes -
Director Lewellen - total 1; Abstained - Director Catlett - total
1; Absent - None.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Shackelford, Dailey, Mayor Priest,
Directors Roy and Hollingsworth - total 5; Noes - Director
Lewellen - total 1; Abstained - Director Catlett - total 1;
Absent - None. Whereupon, the Ordinance together with the
Emergency Section was declared PASSED.
There being no further business to be presented, Mayor
Priest declared the meeting adjourned at 11:05 O'clock P.M., with
the Board of Directors to convene in regular session on Tuesday,
February 4, 1992, at 6:00 o'clock P.M.
ATTEST:
6� 14-4,.Le. d,
City Clerk Robbie Hancock
11
APPR VED
Mayor Sharon Priest
23