07-07-92112
Board of Directors Chamber
Little Rock, Arkansas
July 7, 1992 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Vice Mayor Jim Dailey presiding in
the absence of Mayor Priest. City Clerk Robbie Hancock called
the roll with the following Directors present: Directors Roy,
Hollingsworth, Lewellen and Catlett - total 4; Absent - Director
Shackelford and Mayor Priest - total 2.
With a quorum present, Vice Mayor Dailey declared the Board
of Directors in session.
The Invocation was given by Director Roy.
The first matter to be presented was the Consent Agenda,
consisting of the following items:
(a) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of May, 1992.
(b) Resolution No. 8,739, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO SETTLE DISPUTED
CLAIMS CONCERNING THE RECONSTRUCTION OF THE SECOND STREET
OVERPASS, AND FOR OTHER PURPOSES.
(c) Resolution No. 8,740, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT TO ARKANSAS KENWORTH FOR AUTOMOTIVE FILTERS FOR TRUCKS
AND HEAVY EQUIPMENT FOR THE DEPARTMENT OF GENERAL SERVICES, FLEET
SERVICES DIVISION.
(d) Resolution No. 8,741, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH
GROUP RATES FOR THE WAR MEMORIAL FITNESS CENTER.
(e) Resolution No. 8,742, with the title being:
A RESOLUTION AMENDING RESOLUTION 8,622 TO PROVIDE FOR A
REDUCTION IN THE REGULAR DAILY MEMBERSHIP FEE FOR WAR MEMORIAL
FITNESS CENTER. (From $3.50 to $3.00.)
(f) Resolution No. 8,743, entitled:
A RESOLUTION INCREASING AUTHORIZATIONS FOR CDBG GENERAL
ADMINISTRATION FOR THE 18TH PROGRAM YEAR (1992 -93) FROM $205,000
TO $230,000 AND FOR CDBG HOUSING REHABILITATION ADMINISTRATION
FROM $185,000 TO $195,000.
(g) Resolution No. 8,744, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE
TEXAS EASTERN PRODUCTS PIPELINE COMPANY (TEPPCO) FOR RELOCATION
OF A 20 -INCH PETROLEUM PRODUCTS PIPELINE CROSSING FOURCHE CREEK
NEAR LINDSEY ROAD.
(h) Resolution No. 8,745, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
• CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC., TO PERFORM
• COMPREHENSIVE SITE ASSESSMENT (CSA) OF THE J. E. DAVIS FUEL
SITE. (City Material Yard)
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(i) Resolution No. 8,746, entitled:
A RESOLUTION AUTHORIZING THE DISBURSEMENT OF FUNDS
AVAILABLE THROUGH THE EMERGENCY SHELTER GRANT PROGRAM TO THE
UNITED WAY OF PULASKI COUNTY. (Advocates for Battered Women,
GYST House, Our House, Serenity Park, and Centers for Youth &
Families.)
(j) Resolution No. 8,747, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST
AND RECEIVE FUNDS TOTALLING $500,000 FROM THE LITTLE ROCK HOUSING
AND FACILITIES BOARD, TO MEET MATCHING FUNDS OBLIGATIONS OF THE
FEDERAL HOME FUNDS INVESTMENT PARTNERSHIP PROGRAM; TO ACCEPT A
GRANT OF $50,000 FOR THE PAINT YOUR HEART OUT PROGRAM; TO ACCEPT
A GRANT IN THE AMOUNT OF $50,000 TO BE ADMINISTERED BY THE URBAN
LEAGUE OF ARKANSAS FOR HOME BUYER AND HOMEOWNER EDUCATION
PROGRAMS.
(Mayor Priest enrolled at 6:15 o'clock P.M.)
(Director Shackelford enrolled at 6:17 o'clock P.M.)
By a motion from Director Roy, 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
Comparative Statement of Income Account of the Little Rock
Municipal Water Works for the month of May, 1992 was received and
filed; and (b, c, d, e, f, g, h, i and j) Resolutions No. 8,739,
8,740, 8,741, 8,742, 8,743, 8,744 8,,745, 8,746 and 8,747 were
read in full and unanimously adopted by the Board Members
present. (Note: Director Catlett abstained from voting on Item
(b) Resolution No. 8,737.)
Director Roy presented a Certificate of Appreciation to Mr.
Stan McDaniel for the beautification work he has done at Brady
Elementary School.
Mayor Priest announced that Little Rock has been named one
of ten All- America Cities for 1992. This award was due to three
projects undertaken to improve community life: Fight Back -
Insure the Children; Paint Your Heart Out, Little Rock; and the
Neighborhood Alert Center at 2220 Arch Street. Mayor Priest then
presented Certificates of Appreciation and new All America City
T- shirts to Charles Stewart, Marty Moore, Officer Eugene Gray,
Rev. David Emery, and Barry Travis (on behalf of Terry Quinn of
the Little Rock Convention & Visitors Bureau) . These were
members of the delegation that went to Charlotte, North Carolina
with Mayor Priest and City Manager Tom Dalton to make the
presentation before the judges.
Following the presentations, Mayor Priest and the City
Directors unveiled the new sign that will be posted at all points
of entry to the City of Little Rock: "Little Rock - All- America
City - 1992."
Mr. Wally Allen, Chairman of the Advertising and Promotion
Commission, read a Resolution of the Advertising and Promotion
Commission supporting soccer in the Little Rock metropolitan
area.
No one was present to speak at the time allotted for Citizen
Communications.
A public hearing had been scheduled for this time and place
to consider Zoning Appeal Z -5544 filed by Attorney David Henry
for West Little Rock Development Company and James and Amanda
Moore to rezone 18018 Kanis Road from 11R -2" Single - family
District to 11C -3" General Commercial District. The proposal was
denied by the Planning Commission on April 21, 1992. Mayor
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Priest declared the public hearing open and Mr. Henry was the
first speaker. He explained that the site is located within the
commercial node at the intersection of Kanis and Elswood Roads,
which is within the Extraterritorial Zoning Area 2; the site is
abutted on the west by a 11C -3" tract that was rezoned in late
1991; that Staff first recommended approval of the rezoning but
later changed its recommendation to Planned Office District
(POD), which was confusing and unwarranted. Mr. Henry stated
that denial of the rezoning will force the property owner to go
back to non - conforming use and asked the Board of Directors to
implement the Extraterritorial Land Use Plan and allow the 11C -3"
zoning. Opposition was presented by Mrs. Ann Childs, 18211 Kanis
Road, who spoke on behalf of area residents. She stated that 11C-
3" zoning is too general and will place the area at risk. She
asked the Board of Directors to deny the request for 11C -3" zoning
and grant the "POD" as an alternative. Mr. Jim Lawson, Director
of Neighborhoods and Planning, made a staff presentation, stating
that the Land Use Plan does show a commercial node at that
location, but there is a proposed outer loop that will be going
through that area at some point and the exact location probably
won't be known until the area is developed. Staff feels that it
would be premature to zone this property until the owner has a
use in mind or until the City has the roadway alignment tied
down. Board members expressed reluctance to approve 11C -3"
without knowing the planned use. In response to a question by
Director Shackelford, Mr. Lawson stated that if the proposed
Ordinance failed, the owner would not have to wait one year
before requesting a Planned Unit Development, because a PCD is
considered less restrictive zoning and the owner could apply
anytime. Mayor Priest declared the public hearing closed. The
proposed Ordinance to rezone the property was presented, and
contained the following caption:
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 -5544 - To rezone 18018 Kanis Road from "R -2" Single- family
District to 11C -3" General Commercial District.)
and after the first reading of the Ordinance, there was a motion
by Director Dailey, seconded by Director Catlett, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made and seconded by
Directors Lewellen and Dailey, respectively, to further suspend
the rules and place the Ordinance on third and final reading.
The motion received unanimous adoption by the Board Members
present being seven in number and two - thirds or more of the
members of the Board of Directors - elect, and the third and last
reading of the Ordinance ensued. An Aye and No Vote was taken on
the question, Shall the Ordinance Pass, with the response being:
Ayes - None; Noes - Directors Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett and Mayor Priest total 6;
Abstentions - Director Roy - total 1; Absent - None. Therefore,
it was announced that the Ordinance had FAILED TO PASS.
Consideration was then given to 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;
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(Z -5553 - To rezone 6608 Baseline Road from "R -2" Single- family
District to "C -3" General Commercial District and "OS" Open
Space, as amended.)
(Note: The Ordinance was read the first time on June 16, 1992.)
Ms. Marcelle Cherry, Riverland Realtors, again addressed the
Board on behalf of the present owner, Mr. Joseph H. Red, and the
proposed owner, Auto Zone, and requested approval of the 11C -3"
zoning. She distributed copies of the site plan and stated that
Auto Zone has agreed to do any kind of landscaping required and
will also put up a wood fence on the other side of the trees if
that is what the City wants. Mr. Lawson, Director of
Neighborhoods and Planning, made the staff presentation stating
the site plan meets Ordinance requirements. He displayed an
aerial view of the site and stated this is catercorner from the
main driveway into a proposed park (Southwest Community
Complex). Mr. Lawson stated the proposed "C -3" use is in
conflict with the Geyer Springs West Land Use Plan and Staff does
not support the requested commercial reclassification. Director
Dailey expressed concern about the commitment to maintain the
buffer area along the rear of the property. Mayor Priest again
expressed her opposition to the commercial zoning, stating she
feels this is spot zoning because it is nestled between two
office zonings and it opens the door to strip zoning for the
whole area of Baseline Road. Att
a motion and second by Dire(
respectively, to amend the Ordinz
of the property as "OS" Open Spa<
vote of six ayes with one abstE
Mr. Red agreed to the "OS" zonii
was then read the second time.
Lewellen, seconded by Director
place the Ordinance on third and
adopted by members of the Board o
in number and two - thirds or more
Directors -elect (Director Holling
and last reading of the Ordinanc
and No Vote was taken on the que:
with the response being: Ayes
Dailey - total 3; Noes - Directc
Mayor Priest - total 3; Abstent.
total 1; Absent - None. Theref
Ordinance, as amended, had FAILED
ar turther discussion, there was
;tors Dailey and Shackelford,
nce to include the back 75 feet
e. The motion was adopted by a
ntion (Director Hollingsworth) .
ig. The Ordinance, as amended,
A motion was made by Director
Roy, to suspend the rules and
final reading. The motion was
E Directors present, being seven
of the members of the Board of
;worth abstained), and the third
as amended, ensued. An Aye
,tion, Shall the Ordinance Pass,
- Directors Roy, Lewellen and
rs Shackelford and Catlett, and
.ons - Director Hollingsworth -
:)re, it was announced that the
TO PASS.
Introduced next was Ordinance No. 16,234, with the title
being:
AN ORDINANCE AMENDING THE I -430 AND ELLIS MOUNTAIN LAND USE
PLANS ALONG BOWMAN ROAD, SOUTH OF BIRCHWOOD TO CHERRY LAUREL AND
FOR OTHER MATTERS;
and after a first reading of the Ordinance, there was a motion by
Director Roy, seconded by Director Dailey, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Catlett to further suspend the
rules and place the Ordinance on third and final reading. The
motion received unanimous adoption by the Board Members present,
being seven in number and two - thirds or more of the members of
the Board of Directors - elect, and the third and last reading of
the Ordinance ensued. The Aye and No Vote taken on passage of
the Ordinance received the following response: Ayes - Directors
Roy, Hollingsworth, Shackelford, Dailey, Catlett and Mayor Priest
- total 6; Noes - Director Lewellen - total 1; Absent - None.
Whereupon, the Ordinance was declared PASSED.
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The next presentation was Ordinance No. 16,235, containing
the following caption:
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- 4423 -A - To rezone Chenal Parkway and Bowman Road from 11R -2"
Single - family, 'IMF-1211 Multi- family and 'IMF-1811 Multi- family
Districts to "C -3" General Commercial and "OS" Open Space
Districts.)
Ms. Mary Laury, 11904 Pilgrim Road, spoke on behalf of the
residents along Bowman Road, Chenal Parkway, Pilgrim Road and
Hermitage Road, stating they were in support of the Land Use Plan
amendment and the rezoning. Mr. Richard Stephens, 707 Bowman
Road, also spoke in support. Mr. Jim Lawson, Director of
Neighborhoods and Planning, answered questions by Board Members.
Mr. Jim Moses, the applicant, explained the proposed development
and answered questions from Board Members. In response to
concerns expressed by Director Hollingsworth, he stated that all
of the development would be single -story and the maximum height
limit under 11C -3" zoning is 35 feet. Director Lewellen expressed
concern regarding the impact this development would have on other
parts of the City, particularly downtown Little Rock. The
Ordinance was then read the first time, after which there was a
motion by Director Roy, seconded by Director Dailey, to suspend
the rules and place the Ordinance on second reading. The motion
was 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Catlett to further suspend the
rules and place the Ordinance on third and final reading. The
motion was adopted by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and last reading of the Ordinance
ensued. (Note: Director Lewellen voted "no" on both motions to
suspend the rules . ) The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Shackelford, Dailey, Catlett and Mayor Priest -
total 6; Noes - Director Lewellen - total 1; Absent - None.
Whereupon, the Ordinance was declared PASSED.
(Director Shackelford was excused at 8:15 P.M.)
Zoning Application Z- 5110 -A from Bryan L. Savells, to rezone
6917 Baseline Road from 11R -2" Single- family District to 11C -1"
Neighborhood Commercial District, was the next presentation. The
Planning Commission approved the application on May 19, 1992.
Consideration was then given to the 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- 5110 -A - To rezone 6917 Baseline Road from 11R -2" Single - family
District to 11C -1" Neighborhood Commercial District.)
Mayor Priest expressed her opposition to the commercial zoning,
stating she feels this is spot zoning and it opens the door to
strip zoning for the whole area of Baseline Road. It is across
the street from property that is adjacent to the proposed park
property (Southwest Community Complex). Mr. Jim Lawson, Director
of Neighborhoods and Planning, explained that this property is
shown as commercial on the Land Use Plan because it was zoned for
PCD at one time, but was not developed. He stated the applicant
had requested 11C -3" zoning for a car wash, but staff agreed to
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July 7, 1992
support 11C -1" which is a low key commercial and would not allow a
car wash. Mayor Priest suggested that if the commercial zoning
is not approved, that the Land Use Plan be amended to show office
use. Mr. Bryan Savells, the applicant, stated he wanted
commercial zoning, but not office zoning. Following the
discussion, the Ordinance was then read the first time. The
rules were suspended and the Ordinance placed on second reading
upon motion by Director Roy, seconded by Director Lewellen, and
unanimously adopted by the members of the Board of Directors
present, being six in number and two - thirds or more of the
members of the Board of Directors - elect. There was a second
reading of the Ordinance followed by a subsequent motion again
made and seconded by Directors Roy and Lewellen, respectively, to
further suspend the rules and place the Ordinance on third and
final reading. The motion received unanimous adoption by the
Board Members present, being seven in number and two - thirds or
more of the members of the Board of Directors - elect, and the
third and last reading of the Ordinance ensued. The Aye and No
Vote taken on passage of the Ordinance received the following
response: Ayes - Directors Roy and Lewellen - total 2; Noes -
Directors Hollingsworth and Catlett and Mayor Priest - total 3;
Abstentions - Director Dailey - total 1; Absent - Director
Shackelford - total 1. Therefore, it was announced that the
Ordinance had FAILED TO PASS.
Introduced next was Zoning Application Z -5563 from Margaret
Hughey to rezone 4808 Baseline Road from 11R -2" Single- family
District to 11C -1" Neighborhood Commercial District. The Planning
Commission approved the application on June 2, 1992. No
opposition to the rezoning was presented and Ordinance No. 16,236
was considered, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -5563 - To rezone 4808 Baseline Road from "R -2" Single- family
District to "C -1" Neighborhood Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, 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 six in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director Roy
and seconded by Director Lewellen to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
six in number and two - thirds or more of the members of the Board
of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Dailey, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z -5569, filed
by Mr. Danny Naegle for Farmers' Association. The application
requested the reclassification of 4816 Stagecoach Road from 11C -3"
General Commercial District to "C -4" Open Display Commercial
District. The application was approved by the Planning
Commission on June 2, 1992. No one opposed the reclassification
and Ordinance No. 16,237 was presented, containing the following
caption:
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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;
(2-5569 - To rezone 4816 Stagecoach Road from "C -3" General
Commercial District to "C -4" Open Display Commercial District.)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, 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 six in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director Roy
and seconded by Director Lewellen to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
six in number and two - thirds or more of the members of the Board
of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Dailey, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,238, entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A VARIANCE TO
DEFER RIGHT -OF -WAY IMPROVEMENTS FOR A PORTION OF WEST 24TH AND
MARTIN STREETS FOR TOTAL OUTREACH FOR CHRIST MINISTRIES;
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Dailey, 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 six in number and two - thirds or more of the members of the
Board of Directors - elect. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director Roy
and seconded by Director Lewellen to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
six in number and two - thirds or more of the members of the Board
of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Dailey, Catlett and Mayor Priest - total
6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
to consider a Municipal Lease and Option Agreement between the
Little Rock Ambulance Authority and LaSalle National Bank to
provide for the use by the Ambulance Authority of three 1992 Type
III Excellence Golden Eagle Ambulances. Mayor Priest declared
the public hearing open. No one was present to speak on the
issue; therefore, Mayor Priest closed the public hearing and
Resolution No. 8,748 was presented, entitled:
A RESOLUTION AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE
AND OPTION AGREEMENT BETWEEN THE LITTLE ROCK AMBULANCE AUTHORITY
AND LASALLE NATIONAL BANK;
with the Resolution being read in full. A motion was made by
Director Lewellen and seconded by Director Roy, that the
Resolution be adopted. The Resolution was adopted unanimously by
voice vote of the Board Members present.
(Director Shackelford re- enrolled at 8:37 P.M.)
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Consideration was then given to Ordinance No. 16,239, with
the title being:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTIONS
7 -126 AND 7 -127 TO ADD ANOTHER CLASSIFICATION OF OFF - AIRPORT
BUSINESSES, TO ESTABLISH RATES TO BE ASSESSED ON THIS
CLASSIFICATION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Roy to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor
Priest - 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 Roy, Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett and Mayor Priest - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The next presentation was Ordinance No. 16,240, containing
the following caption:
AN ORDINANCE REPEALING LITTLE ROCK, ARKANSAS ORDINANCE 754
(JANUARY 26, 1899) GRANTING A RIGHT -OF -WAY TO THE CHOCTAW AND
MEMPHIS RAILROAD COMPANY IN THE CITY OF LITTLE ROCK; AND RE-
CONVEYING THE SAME PROPERTY AS AN EASEMENT TO THE MISSOURI
PACIFIC RAILROAD COMPANY, THE SUCCESSOR OF THE CHOCTAW AND
MEMPHIS RAILROAD COMPANY; DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES;
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Roy to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor
Priest - total 7; Noes - None; Absent - None.
The Emergency Clause contained in Section 11 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Directors Roy, Hollingsworth, Lewellen,
Shackelford, Dailey, Catlett and Mayor Priest - total 7; Noes -
None; Absent - None. Whereupon, the Ordinance, together with the
Emergency Section, was then declared PASSED.
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Ordinance No. 16,241 was the next presentation, with the
title being:
AN ORDINANCE DISSOLVING STREET IMPROVEMENT DISTRICT NO. 635
OF LITTLE ROCK, ARKANSAS; (Sam Peck Road)
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Roy to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor
Priest - total 7; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,242, entitled:
AN ORDINANCE TO AMEND SECTION 4 OF THE CITY CODE OF
ORDINANCES TO PREVENT THE SALE OF ANY ALCOHOLIC BEVERAGE IN THE
CITY BY RETAIL OR WHOLESALE LIQUOR DEALERS DURING CERTAIN HOURS;
and after a first reading of the Ordinance, there was a motion by
Director Lewellen, seconded by Director Roy, 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. There was a second reading of the
Ordinance, followed by a subsequent motion made by Director
Dailey and seconded by Director Roy to further suspend the rules
and place the Ordinance on third and final reading. The motion
received unanimous adoption by the Board Members present, being
seven in number and two - thirds or more of the members of the
Board of Directors - elect, and the third and last reading of the
Ordinance ensued. The Aye and No Vote taken on passage of the
Ordinance received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor
Priest - total 7; Noes - None; Absent - None. Therefore, the
Ordinance was declared PASSED.
The next Ordinance presented was No. 16,243, described as:
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;
Mrs. Margie Stewart asked for a time extension to make
improvements to the property at 801 West 33rd Street, which is
owned by her father, Mr. Sam Walters. Mayor Priest advised Mrs.
Stewart that 801 West 33rd Street had already been removed from
the Ordinance. City Manager Tom Dalton stated that Staff had
agreed to allow sixty (60) days to put together financing to
begin repairs. Mrs. Stewart requested ninety (90) days, which
was approved.
Mr. David Fletcher, 805 Lewis Street, President of the Forest
Hills Neighborhood Association, addressed the Board of Directors
regarding the property at 11th and Jefferson Streets (4623 West
11th Street owned by Mr. Josh McHughes). He expressed concern
about all the vacant lots in the neighborhood and asked that
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July 7, 1992
housing stock be saved rather than razed, which leaves vacant
lots. He urged the City to implement some program to work with
neighborhoods and save these houses. Mr. Jim Lawson, Director of
Neighborhoods and Planning, stated this house has been boarded
and secured for one year; no improvements have been made; the lot
has not been maintained; and the house is beyond reasonable
repair. Following the lengthy discussion, City Manager Tom Dalton
stated that Staff can begin dialogue with neighborhood groups to
try to identify homes for rehabilitation. (No action was taken
to remove the property from the Ordinance nor to grant an
administrative waiver.)
City Attorney Tom Carpenter informed Board Members that the
attorney for Mrs. Nancy Williams, owner of the property at 5010
Opal Lane, has requested a thirty (30) day time extension to
remove the trailers on the property. All but one have been
removed or are in the process of being demolished; the one will
be used for storage or will be removed personally, but will not
be used for residential purposes. The Board generally agreed to
the thirty (30) day administrative waiver for the property at
5010 Opal Lane. After a first reading of the Ordinance, there
was a motion by Director Shackelford, seconded by Director
Dailey, 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. There
was a second reading of the Ordinance, followed by a subsequent
motion made by Director Dailey and seconded by Director
Hollingsworth to further suspend the rules and place the
Ordinance on third and final reading. The motion received
unanimous adoption by the Board Members present, being seven in
number and two - thirds or more of the members of the Board of
Directors - elect, and the third and last reading of the Ordinance
ensued. The Aye and No Vote taken on passage of the Ordinance
received the following response: Ayes - Directors Roy,
Hollingsworth, Lewellen, Shackelford, Dailey, Catlett and Mayor
Priest - 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 Roy, Hollingsworth, Lewellen, Shackelford,
Dailey, Catlett and Mayor Priest - total 7; Noes - None; Absent -
None. Whereupon, the Ordinance, together with the Emergency
Section, was then declared PASSED.
The last item to be considered was Ordinance No. 16,244,
with the title being:
AN ORDINANCE REGULATING OFF - PREMISE OUTDOOR ADVERTISING IN
THE CITY, AMENDING LITTLE ROCK, ARK. ORDINANCE NO. 16,181
(FEBRUARY 18, 1992) DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
(Mayor Priest was excused at 9:06 P.M.)
Director Roy spoke regarding task force negotiations that were
going on in the Conference Room while the Board of Directors
meeting was in session. There was a lengthy discussion regarding
permit fees and the term of the permits. Director Hollingsworth
expressed concern about the charge of the task force. He
understood the task force was to look at the February, 1992
Ordinance ( #16,181) only and not a settlement of the billboard
issue. Mr. Gene Levy, a citizen member of the task force, stated
the charge of the task force was to examine the February, 1992,
Ordinance ( #16,181) and to provide changes to the Ordinance that
would be fair and equitable to the billboard community and
represent the best interests of the City of Little Rock, with the
goal of eventually being able to remove billboards from scenic
corridors, which was the original intent of the 1983 Ordinance
( #14,430). He also stated there was no discussion in the task
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July 7, 1992
force meetings of the legal issues and the pending litigation and
that this Ordinance is not a settlement of the lawsuit. City
Attorney Tom Carpenter explained provisions regarding billboard
alterations. Following the lengthy discussion, the Ordinance was
read the first time. There was a motion by Director Roy,
seconded by Director Lewellen, 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 six in number
and two - thirds or more of the members of the Board of Directors -
elect. There was a second reading of the Ordinance, followed by
a subsequent motion made by Director Roy and seconded by Director
Shackelford to further suspend the rules and place the Ordinance
on third and final reading. The motion received unanimous
adoption by the Board Members present, being six in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued.
The Aye and No Vote taken on passage of the Ordinance received
the following response: Ayes - Directors Roy, Hollingsworth,
Lewellen, Shackelford and Dailey - total 5; Noes - None;
Abstentions - Director Catlett - total 1; Absent - Mayor Priest -
total 1.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Roy, Hollingsworth, Lewellen, Shackelford
and Dailey - total 5; Noes - None; Abstentions - Director Catlett
- total 1; Absent Mayor Priest - total 1. Whereupon, the
Ordinance, together with the Emergency Section, was then declared
PASSED.
There being no further business to be presented, the Board
of Directors recessed at 9:45 P.M. to reconvene on Wednesday,
July 15, 1992 at 1:30 P.M. to consider the issuance of Industrial
Development Revenue Bonds for R & G Sloane Manufacturing Company.
ATTEST:
CITY CLERK ROBBIE HANCOCK
11
APPROVED:
M1.4
MAYOR SHARON PRIEST