01-18-94516
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
January 18, 1994 - 6:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in regular session with Mayor Jim Dailey presiding. City
Clerk Robbie Hancock called the roll with the following Directors
present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None.
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 Lewellen, followed by
the Pledge of Allegiance.
Pulaski County Clerk Carolyn Staley was present and informed
the Board of Directors and citizens of Little Rock that the voter
registration records for voters south of the Arkansas River are
being reviewed and those residents that have not voted in four
years will be sent a postcard notifying them they have thirty
(30) days to be reinstated to the voter registration list.
Director Priest presented Certificates of Appreciation to
Cub Scout Pact 381, Girl Scout Troop 389 and Boy Scout Troop 426
for participation in the Southwest Little Rock Stash the Trash
Day on January 8, 1994.
Director Adcock presented Certificates of Appreciation to
Joa Stafford Humphrey, President of Southwest Little Rock United
for Progress (the umbrella organization responsible for Stash the --
Trash Day), for all she has done for Southwest Little Rock; and
to Pam Adcock for her assistance in planning Stash the Trash Day.
Director Joyce presented a Certificate of Appreciation to
Radio Station Power 92 for its assistance in the reduction of
youth crime in Little Rock and for reduction of playing gangster
rap music on its station.
Consideration was then given to the Consent Agenda,
consisting of the following items:
(a) Approval of the Minutes of the Board of Directors
regular meeting held October 19, 1993, and the special meeting
held October 20, 1993.
(b) Resolution No. 9,076, entitled:
A RESOLUTION AUTHORIZING THE CITY, MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR ZOYSIA GRASS SOD FOR THE PARKS AND
RECREATION DEPARTMENT. (Winrock Grass Farm)
(c) Resolution No. 9,077, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR RECONSTRUCTION OF WEST 26TH AND
MAPLE STREETS, AN 18TH YEAR CDBG PROGRAM PROJECT FOR THE
DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (Hogan Construction
Company - $151,048.)
(d) Resolution No. 9,078, with the title being:
A RESOLUTION AUTHORIZING THE AWARD OF THE CONTRACT TO
NEC TECHNOLOGIES FOR AN AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM; AND FOR OTHER PURPOSES.
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(e) Resolution No. 9,079, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH CIVIL DESIGN, INC. FOR ENGINEERING SERVICES TO
DESIGN EVERGREEN STREET, FLORIDA TO GARFIELD, A 1988 CAPITAL
IMPROVEMENT LOCAL STREET BOND PROJECT.
(f) Resolution No. 9,080, described as:
A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT BIDS
AND AWARD A CONTRACT TO CONSTRUCT A NEW BOX CULVERT ON VICTORY
STREET BETWEEN THIRD AND FOURTH STREETS. (Harold Davis
Construction Company - $122,000.)
(g) Resolution No. 9,081, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD FOR A JOINT USE
DRAINAGE AREA AS PART OF THE UNIVERSITY DRAIN, A 1988 CAPITAL
IMPROVEMENT BOND PROJECT. (University - Chicot- Cloverdale Drain.)
(h) Resolution No. 91082, entitled;
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
THE ISSUANCE OF NOT TO EXCEED $17,000,000 CITY OF LITTLE ROCK
LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS, SERIES 1994.
(February 15, 1994.)
(i) Resolution No. 9,083, described as:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ACCURATE
PLASTIC MOLDING, INCORPORATED TO PARTICIPATE IN THE ARKANSAS
ENTERPRISE ZONE PROGRAM. (Located at #1 Otter Creek Circle.)
Upon motion and second by Directors Lewellen and Mason,
respectively, which was unanimously adopted, the Consent Agenda
was dispensed with as follows: (a) The Minutes of the Board of
Directors regular meeting held October 19, 1993 and the special
meeting held October 20, 1993, were approved as written and
distributed to the Board of Directors; and (b, c, d, e, f, g, h
and i) Resolutions No. 9,076, 9,077, 9,078, 9,079, 9,080, 9,081,
9,082 and 9,083 were read in full and adopted unanimously by the
Board Members present.
There was a motion and second by Directors Sharp and Keck,
respectively, to place on the Agenda for consideration later a
Resolution regarding the residency requirement for City
employees. (See Resolution 9,073 adopted January 4, 1994.)
After a brief discussion, the motion was adopted by the following
roll call vote: Ayes - Director Mason, Mayor Dailey, Directors
Adcock, Hendrix, Scheibner, Keck, Joyce, Roy and Sharp - total 9;
Noes - Director Lewellen - total 1; Not Voting - Director Priest
- total 1. (See proposed Resolution on page 11.)
At the time allotted for Citizen Communications, the first
speaker was Mr. Jerry Robinson, 3305 Wolfe Street, who addressed
the Board of Directors regarding King's Day (Martin Luther King,
Jr.). He asked why the Board of Directors did not participate in
the celebration; why citizens were not guaranteed secure safety;
why do we let the media dictate what we should do and how we
should do it. Mayor Dailey said that it was a very delicate
situation and in light of the media event and the perception it
was going to focus on gangs, he elected not to participate in the
Martin Luther King, Jr. Celebration. In previous years City
officials have participated, but this year the general invitation
did not go to all the City Directors.
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The next speaker was Mr. Bennie Johnson, 1805 West 18th
Street, founder of Stop the Violence Program. Mr. Johnson
expressed concern for the children of Little Rock and suggested
an outreach program to help the children throughout the City.
Ms. Julia "Bitty" Martin, 117 Rosetta Street, secretary of
the Capitol Avenue /Stifft Station Neighborhood Association,
stated the Stifft Station residents are in a three year process
of hopefully becoming an historical district, but in the interim
would like the City of Little Rock to work with them and allow
them to erect a sign for Stifft Station, which would be vintage
artwork of a trolly car. Vice Mayor Mason asked that this
request be assigned to City Staff to work with Ms. Martin.
Ms. Phyllis Henderson, 36 Hatfield, expressing concern about
the implementation of Future - Little Rock, asked if citizens were
welcome to serve on Future- Little Rock committees, and why the
Board of Directors appointed co- chairs rather than allowing the
committees to do so. Mayor Dailey and Vice Mayor Mason invited
all interested citizens to participate in the Future- Little Rock
implementation and write the City Manager to express interest in
serving on one of the committees.
Director Keck stated that he would not be introducing a
Resolution regarding the closing of Archwood Road in Boyle Park,
as he had indicated at the Agenda Meeting on January 12.
Director Joyce stated she had requested increased police patrol
in Boyle Park and along the streets involved, and will be meeting
with staff of Neighborhoods and Planning, Traffic, and Parks and
Recreation, and should have information for Board members in
three or four weeks.
A public hearing had been scheduled for this time and place
by a motion adopted on January 4, 1994, on the appeal filed by
Michael Straughan, of the Planning Commission's approval of a
Conditional Use Permit for Central Baptist Church located at
15601 Taylor Loop Road. Mayor Dailey declared the public hearing
open. Mr. Jim Lawson, Director of Neighborhoods and Planning,
displayed a map and made a brief presentation, stating the
Planning Commission approved a Conditional Use Permit for a
church at 15601 Taylor Loop Road, and an appeal was filed by Mr.
Straughan. Mr. Jesse S. Reed, 4100 Lacy Lane, read a letter from
Mr. Hugh Wells in support of the Conditional Use Permit for the
church. Mr. Dwight Sefcovic, Associate Pastor of Central Baptist
Church, was present with approximately 30 supporters from the
church and the neighborhood. Mr. Sefcovic explained the church
had a master plan that included future arowth. but due to
opposition from the neighborhood, the future development was
dropped. The church bought an additional 7 acres so there would
be adequate buffer around the property, and the neighborhood
would not be disturbed. The church officials also agreed to move
an existing culvert, so the runoff would not flood the property
of one of the neighbors. Mr. Michael Straughan, 2 Heatherbrae
Circle, spoke in opposition to the Conditional Use Permit and
presented a petition with signatures of 98 concerned residents in
Heatherbrae and Deer Park. He said the residents were not
opposed to the church itself, but were opposed to.the associated
school and recreational facility which would generate traffic in
the area, and were very concerned about the traffic problem. He
attempted to show a brief video of the area. Also speaking in
opposition to the C.U.P. due to the impact of the additional
traffic were Mr. Kim Light, 28 Heatherbrae Circle; Mr. Bo Plyler,
43 Heatherbrae Circle; and Mr. Steven Fleischhacker, 27
Heatherbrae Circle. Mr. Light also urged the Board to enact a
moratorium on further Conditional Use Permits for private schools
attached to churches until the impact of such actions on the
Little Rock School desegregation is determined. The video was
shown to Board members after Mr. Light spoke. Mr. Lawson
responded to some of the comments made by Mr. Light, stating the
school would only be allowed to have 35 students and the
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basketball facility was not approved. Also the church will be
required to widen Taylor Loop Road and construct a sidewalk on
its part. Taylor Loop Road is a minor arterial on each end and
will be widened as development occurs. Speaking in support of
the C.U.P were Mr. Steve Ledford, 4001 Montgomery Rd.; Mr. Nick
Adams, 4005 Montgomery Road ( "we had rather have a church in the
hand than whatever in the bush ") ; Ms. Donna Power, 9904 Snider
Court; Mr. J. A. Penney, 2311 Vollman, Mr. John Jacobsen, (316
Stevenson, Jacksonville) a church member for 50 years, and Mr.
Herschel Bowman, Jr. of Dietz & Bowman Realtors. In response to
Director Keck's question, Mr. Lawson stated that only Phase I was
approved which allows the school to have up to 35 students, and
the church would have to go through the conditional use permit
process to expand to Phase II. Director Priest was concerned
that once Phase I C.U.P. is allowed there is a tendency to
justify what is wanted to be done because of what has already
been done. Mr. Lawson said Phase II would have to be analyzed
just like Phase I was and there is no guarantee that Phase II
would be approved. Director Mason had questions regarding the
school (number of students, activities provided, etc.). City
Attorney Tom Carpenter suggested this is strictly a land use
issue on an already existing church and school, and the nature of
the questions should be related to zoning. Following questions
and comments by Directors Hendrix and Lewellen, Mayor Dailey
declared the public hearing closed. There was a motion by
Director Priest to rescind the Planning Commission action. No
one seconded the motion. Therefore, the proposed Resolution to
rescind the Planning Commission action was not presented, and the
Planning Commission's approval of the Conditional Use Permit
stands.
The next presentation was Ordinance No. 16,571, entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE RIVER
MOUNTAIN DISTRICT, LOCATED NORTH OF PLEASANT RIDGE ROAD AND
AROUND FAIRVIEW ROAD TO SUBURBAN OFFICE, PUBLIC USE AND SINGLE
FAMILY; AND FOR OTHER PURPOSES;
and there was a third and final reading of the Ordinance, having
been read the first time on December 21, 1993, and the second
time on January 4, 1994. (See discussion related to Ordinance
No. 16,572 below.) A roll call vote was taken on the question,
Shall the Ordinance Pass, with the results recorded as follows:
Ayes - Directors Lewellen, Mason, Dailey, Scheibner, Keck, Joyce,
Priest, Roy and Sharp - total 9; Noes - Director Adcock - total
1; Abstentions - Director Hendrix - total 1. Whereupon, the
Ordinance was PASSED.
Introduced next was Ordinance No. 16,572, 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- 3844 -B - To rezone 2.24 acres at Fairview Road and Pleasant
Ridge Road from 11R -2" Single- family and "NF -6" Multi- family
Districts to 110-3" General Office District.)
v and there was a third and final reading of the Ordinance, having
been read the first time on December 21, 1993, and the second
time on January 4, 1994. Ms. Cloie Morgan, 10 Cedar Branch,
spoke in opposition to the rezoning. She was concerned because
there is not a contract in position at this point for use of that
land and in the meeting with Mr. Jim Hathaway the previous week,
he said there was no guarantee that what was shown on the plan
was what would be built. Mr. Mark D'Auteuil, 11903 DeSoto Forest
Drive, representing Pleasant Forest Subdivision, also spoke in
opposition to the reclassification, stating they do not want to
see this develop any other way than residential. One of the
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problems we have is that we don't know what is to come. Ms. Lee
Anne Fitzgerald, 11 Cedar Branch Court, was also opposed to the
rezoning, stating that allowing offices is not acceptable to the
neighborhood. City Attorney Tom Carpenter stated that there are
certain conditions the applicant has volunteered as opposed to
agreed to. While this is not a Planned Unit Development as such,
it is in the nature of one. When the Board gets into the
position of bargaining, it becomes contract zoning, which is
illegal. Mr. Jim Hathaway, representing the owners Jerald and
Jaquetta Johnson, made a lengthy presentation. Mr Hathaway said
a meeting was held Monday night, January 10, 1994, but there was
no resolution of the case. He distributed a booklet containing
various exhibits regarding the rezoning of 2.24 acres at Fairview
and Pleasant Ridge Road. Page 1 listed the following
restrictions: (a) a building height restriction of 24' or two -
story; (b) maximum lot coverage of 25 %; (c) no curb cut on
Fairview Road; (d) a 20' wide landscaped buffer along the
Pleasant Ridge Road frontage except for the curb cuts; and (e) a
15' wide landscaped buffer along the eastern boundary of the
property and that portion of the northern boundary which abuts
single - family zoning - in addition to the required 6' opaque
fence. Mr. Hathaway said not only would the Ordinance with the
restrictions be in the City files, but he would also file the
Ordinance in the Pulaski County Circuit Clerk's Office so that a
title search would reveal the restrictions. He also discussed
the land use in the area. Following his lengthy presentation, a
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen, Mason, Dailey, Scheibner, Keck, Joyce, Priest, Roy and
Sharp - total 9; Noes - Director Adcock - total 1; Abstentions -
Director Hendrix - total 1. Whereupon, the Ordinance was PASSED.
At 8:35 Mayor Dailey declared a five minute recess. When
the Board reconvened at 8:40, Mayor Dailey presided and all
Directors were present.
Consideration was then given to Ordinance No. 16,573, with
the title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED COMMERCIAL DEVELOPMENT DISTRICT TITLED
REES DEVELOPMENT SHORT -FORM PCD (Z -5756) LOCATED AT 215 -301
BOWMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK;
AND FOR OTHER PURPOSES.
(See Minutes of December 21, 1993 and January 4, 1994, for first
and second readings of the Ordinance.) Mr. Scott Roberts, 11,805
Birchwood Drive, president of the Birchwood Neighborhood
Association, said residents did meet with Mr. Rees on Thursday,
January 13, 1994 and heard his explanation. The Association
voted unanimously to support the PCD with C -1 permitted uses
only. However, the members also voted unanimously to recommend
denial of the video store, because the hours of operation and the
high intensity use would not be suitable adjacent to a
residential neighborhood. In a letter to the Board, he listed
four conditions to be included in the PCD Ordinance: (1) dumpster
pickup between 8:00 a.m. and 5:00 p.m. (2) no doors and windows
on the back of the property; (3) eight foot privacy fence on top
of the retaining wall; and (4) overlapping 15 foot bushes in the
20 foot buffer area below the retaining wall. Mr. John Rees, the
applicant, responded to some of the concerns expressed by Mr.
Roberts. He said he did not have a video store signed up, but
needs to have that option. Referring to the four conditions
listed by Mr. Roberts, Mr. Rees proposed a 6 foot fence instead
of an 8 foot fence. There would be no windows on the back and
only rear doors for fire access if required. He contacted the
waste disposal company, who agreed to dumpster pickup between
7:00 a.m. and 6:00 p.m. Following Mr. Rees' presentation, there
was a motion by Director Roy, seconded by Director Priest, to
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approve the PCD with 11C -1" Neighborhood Commercial permitted uses
and one additional use of a video rental store with conditions
proposed by Mr. Rees. The motion was unanimously adopted, and
there was a third and final reading of the Ordinance, as amended.
A roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance, as amended, was
declared PASSED.
Ordinance No. 16,574 was then introduced, described as:
AN ORDINANCE AMENDING THE CITY LAND USE PLAN IN THE BOYLE
PARK DISTRICT, LOCATED WEST OF WESTERN HILLS BOULEVARD ALONG
ASHER AVENUE; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Lewellen to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Mason and
unanimously adopted by the Board Members present, being 11 in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion and second by Directors Lewellen
and Adcock, respectively, to again suspend the rules and place
the Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being it in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 16,575, entitled;
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED INDUSTRIAL DISTRICT TITLED "DAVIS PID"
(WEST 44TH AND WESTERN HILLS) (Z- 4172 -A) IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES;
(Z- 4172 -A - Reclassifying property at West 44th and Western Hills
from "NF -18" Multi- family and 110-2" Office Districts to Planned
Industrial District titled Davis PID.)
and the Ordinance was read the first time. There was a motion by
Director Lewellen to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Mason and
unanimously adopted by the Board Members present, being 11 in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion and second by Directors Lewellen
and Adcock, respectively, to again suspend the rules and place
the Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being 11 in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
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Introduced next was Ordinance No. 16,576, with the title
being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF
STREET IMPROVEMENTS.
(Z- 4172 -A - Waive requirements for street improvement for West
44th Street - for Davis PID.)
Mr. Mike Kumpuris, 7606 Westwood Avenue, spoke briefly about the
access at the intersection of Western Hills and Asher Avenue. He
said the Neighborhood Association wanted the sidewalks on Western
Hills and an agreement had been reached in a meeting with Mr.
Atley Davis, the applicant. Mr. Jim Lawson explained that the
applicant had dropped his request for waiver of the requirement
to build sidewalks. City Attorney Tom Carpenter pointed out the
changes to be made in the proposed Ordinance as follows:
Subsection (a) - add the phrase "for West 44th Street" and to
delete Subsection (b) which was the request for waiver of
sidewalk construction. There was a motion and second by
Directors Priest and Mason, respectively, to make the revisions
as stated, and the motion was unanimously adopted. The Ordinance
was then read the first time. There was a motion by Director
Lewellen to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Mason and
unanimously adopted by the Board Members present, being 11 in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion and second by Directors Lewellen
and Adcock, respectively, to again suspend the rules and place
the Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being 11 in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 16,577,
described as:
AN ORDINANCE AMENDING CHAPTERS 30, 31 AND 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR
THE STANDARDIZATION OF REGULATIONS FOR DRIVEWAYS, CURB CUTS, SITE
ACCESS AND CIRCULATION; AND FOR OTHER PURPOSES;
the Ordinance was read the first time. There was a motion by
Director Lewellen to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Mason and
unanimously adopted by the Board Members present, being 11 in
number and two - thirds or more of the members of the Board of
Directors - elect. Following the second reading of the Ordinance,
there was a subsequent motion and second by Directors Lewellen
and Adcock, respectively, to again suspend the rules and place
the Ordinance on third and final reading. The motion was adopted
unanimously by the Board Members present, being 11 in number and
two - thirds or more of the members of the Board of Directors -
elect, and the third and last reading of the Ordinance ensued. A
roll call vote was taken on the question, Shall the Ordinance
Pass, with the results recorded as follows: Ayes - Directors
Lewellen and Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy and Sharp - total 11; Noes -
None; Absent - None. Whereupon, the Ordinance was declared
PASSED.
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The next presentation was Ordinance No. 16,578, entitled:
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION
OF THE LIGHTING AND PROHIBITED SIGNS PROVISIONS, DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
Mrs. Kathy Wells spoke in opposition to the proposed Ordinance,
stating she supported keeping the sign ordinance restrictions
that are now in place. Mrs. Ruth Bell, representing the League
of Women Voters of Pulaski County, also spoke in opposition to
the proposed Ordinance. She said the League strongly opposes the
500% increase in the number of days special events banners can be
displayed (increased from 28 days or 4 weeks a year to 168 days
or 24 weeks) , and asked the Board to consider decreasing the
number of weeks banners can be displayed. Mr. Joe Morgan,
representing Service Chevrolet, spoke in support of the
Ordinance, saying "the time limit on signs is vital to us. This
would be business friendly." The Ordinance was then read the
first time. The rules were suspended and the Ordinance placed on
second reading, by a motion made by Director Mason, seconded by
Director Adcock, and unanimously adopted by the Board Members
present, being 11 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 motion and second by Directors
Adcock and Keck, to again suspend the rules and place the
Ordinance on third reading. The motion was unanimously adopted
by the Board Members present, being 11 in number and two - thirds
or more of the members of the Board of Directors - elect. There
was a third and final reading of the Ordinance. Director Roy was
opposed to the increase in the display of banners. Director
Lewellen suggested the time frame for banners be decreased.
Following a brief discussion, a roll call vote was taken on
passage of the Ordinance as recorded: Ayes - Directors Lewellen
and Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Keck, Joyce, Priest, and Sharp - total 11; Noes - Director Roy -
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 Lewellen and Mason, Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, and
Sharp - total 11; Noes - Director Roy - total 1; Absent - None.
Therefore, the Ordinance, together with the Emergency Section,
was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 9,068, adopted on January 4, 1994, and notice
thereof duly published on January 11, 1994, and January 18, 1994,
on the petition filed by White Daters for Covenant Presbyterian
Church, to vacate and close a portion of Parkside Court in Block
13 of Parkway Place, Second Phase. Attached to the petition was
a certified copy of the plat of Parkway Place, Second Phase, on
file in the Pulaski County Circuit Clerk's Office and a letter
from Beach Abstract & Guaranty Company listing the last apparent
owners of record of abutting property. The closure was approved
by the Planning Commission. Mayor Dailey declared the public
hearing open. No opposition was presented, and Mayor Dailey
declared the public hearing closed. Consideration was then given
to Ordinance No. 16,579, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF PARKSIDE
COURT IN BLOCK 13 OF PARKWAY PLACE, SECOND PHASE, AN ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Sharp, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
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Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Director Priest, and
seconded by Director Lewellen, to again suspend the rules and
place the Ordinance on third and final reading, and 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 - elect. (Directors Adcock and Hendrix were
excused at 9:55 o'clock P.M.) Following the third and last
reading of the Ordinance, a roll call vote was taken on passage
of the Ordinance, with the results recorded as follows: Ayes -
Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner,
Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent
Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance
was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 9,068, adopted on January 4, 1994, and notice
thereof duly published on January 11, 1994, and January 18, 1994,
on the petition filed by Melanie Gibson, agent for West Markham
Associates, to vacate and abandon a public utility easement in
Lot 7 of Bixler Commercial Subdivision. Attached to the petition
was a copy of the plat on file in the Pulaski County Circuit
Clerk's Office, and a letter from Beach Abstract & Guaranty
Company listing the last apparent owners of record of abutting
property. Mayor Dailey declared the public hearing open. No
opposition was presented, and Mayor Dailey closed the public
hearing, and introduced Ordinance No. 16,580, described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 7 OF
BIXLER COMMERCIAL SUBDIVISION OF THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time. There was a motion by
Director Sharp, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Director Priest, and
seconded by Director Lewellen, to again suspend the rules and
place the Ordinance on third and final reading, and the motion
was unanimously adopted by the Board Members present, being nine
in number and two - thirds or more of the members of the Board of
Directors - elect. Following the third and last reading of the
Ordinance, a roll call vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner,
Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent
Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,581, entitled;
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE AND
REFURBISH A 1971 SEAGRAVE FIRE LADDER UNIT FOR THE FIRE
DEPARTMENT, AUTHORIZING SOLE SOURCE PURCHASE OF THIS UNIT DUE TO
THE CRITICAL NEED FOR THIS EQUIPMENT; (Powerco, Inc. - not to
exceed $40, 000.)
and the Ordinance was read the first time. There was a motion by
Director Sharp, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Director Priest, and
seconded by Director Lewellen, to again suspend the rules and
place the Ordinance on third and final reading, and the motion
was unanimously adopted by the Board Members present, being nine
in number and two - thirds or more of the members of the Board of
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Directors - elect. Following the third and last reading of the
Ordinance, a roll call vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner,
Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent
Directors Adcock and Hendrix - total 2. Whereupon, the Ordinance
was declared PASSED.
Ordinance No. 16,582 was then introduced, with the title
being:
AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDDING; AWARDING
A CONTRACT TO THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK TO
PERFORM AN EVALUATION OF THE NEIGHBORHOOD ALERT SYSTEM IN
COOPERATION WITH THE LITTLE ROCK -- FIGHTING BACK PROGRAM;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Sharp, seconded by Director Priest, to suspend the rules
and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being nine in
number and two - thirds or more of the members of the Board of
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made by Director Priest, and
seconded by Director Lewellen, to again suspend the rules and
place the Ordinance on third and final reading, and the motion
was unanimously adopted by the Board Members present, being nine
in number and two - thirds or more of the members of the Board of
Directors - elect. Following the third and last reading of the
Ordinance, a roll call vote was taken on passage of the
Ordinance, with the results recorded as follows: Ayes -
Directors Lewellen and Mason, Mayor Dailey, Directors Scheibner,
Keck, Joyce, Priest, Roy and Sharp - total 9; Noes - None; Absent
Directors Adcock and Hendrix - total 2.
The Emergency Clause contained in Section 3 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Lewellen and Mason, Mayor Dailey,
Directors Scheibner, Keck, Joyce, Priest, Roy and Sharp - total
9; Noes - None; Absent Directors Adcock and Hendrix - total 2.
Therefore, the Ordinance, together with the Emergency Section,
was declared PASSED.
(Directors Adcock and Hendrix re- enrolled at 10:05 o'clock
P.M.)
Mayor Dailey announced that Item 15 had been removed from
the Agenda. Therefore, no action was taken on the proposed
Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II
OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSES AND
PRIVILEGE TAXES; TO REGULATE THE OPERATION OF FOOD SERVICE
ESTABLISHMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES."
A public hearing had been scheduled for this time and place
by Resolution No. 9,066, adopted January 4, 1994, on the approval
of a Second Supplemental Trust Indenture relating to the City of
Little Rock Industrial Development Revenue Bonds for the Omega
Project. Notice of hearing was published on January 4, 1994.
Mayor Dailey declared the public hearing open. No opposition was
presented, and Mayor Dailey declared the public hearing closed.
Resolution No. 9,084 was then presented, with the title being:
A RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION AND
DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE SECURING THE CITY OF
LITTLE ROCK INDUSTRIAL DEVELOPMENT REVENUE BONDS (OMEGA PROJECT)
SERIES 1984 AND PRESCRIBING OTHER MATTERS RELATING THERETO;
and there was a full reading of the Resolution. Director Roy
moved for the adoption of the Resolution. The motion was
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January 18, 1994
seconded by Director Mason, and the Resolution was adopted by
unanimous voice vote of the Board Members present.
Introduced next was Resolution No. 9,085, entitled:
A RESOLUTION OF INTENT TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH PULASKI COUNTY TO FUND AN ADDITIONAL PUBLIC DEFENDER FOR THE
LITTLE ROCK MUNICIPAL COURT; AND FOR OTHER PURPOSES;
and the Resolution was read in full. There was a motion by
Director Roy, seconded by Director Scheibner, to adopt the
Resolution, and the Resolution was adopted by unanimous voice
vote of the Board Members present.
Consideration was then given to Resolution No. 9,086,
described as:
A RESOLUTION NOTING THE TASK FORCES TO IMPLEMENT THE
PROVISIONS OF THE FUTURE- LITTLE ROCK PROPOSALS MADE POSSIBLE AS A
RESULT OF THE ONE -HALF CENT SALES TAX; NAMING THE CO- CHAIRS OF
THESE TASK FORCES; AND FOR OTHER PURPOSES.
(City Directors named as co- chairs: Race Relations - Jim Dailey;
Museum - Hamp Roy; Education Commission /Early Childhood /Educare -
Jesse Mason, Jr.; Regional Economic Development - Jeff Sharp;
Housing Partnership /Landbank Authority - Erma Hendrix; Rental
Inspection Program - Joan Adcock; Minority Economic Development -
John Lewellen; McClellan School - Linda Joyce; Fourche Creek
Development Plan - Linda Joyce; Prevention, Intervention &
Treatment - Michael Keck and Jim Dailey; Street Lights - Carl
Scheibner; Enhancement of Capitol Avenue - Jesse Mason, Jr.)
(See Minutes of January 12, 1994.) City Attorney Tom Carpenter
noted that the Resolution would be revised to contain only the
City Director co- chairs, since other co- chairs had not been
notified. Ms. Kathy Wells, president -elect of the Coalition of
Little Rock Neighborhoods, spoke regarding the selection of
citizens to serve on the various task forces to plan how the City
will spend the $12,000,000 additional sales tax dollars. The
Resolution was then read. Director Lewellen made a lengthy
statement, expressing his interest in serving on the Prevention,
Intervention & Treatment Task Force, stating it should have the
maximum minority involvement. During the lengthy Board
discussion, Director Adcock asked that the words "and Board of
Directors" be added after City staff in Section 3 of the
Resolution and that Section 4 include the words "City staff and
Board of Directors." There was a motion by Director Scheibner,
seconded by Director Hendrix, to adopt the Resolution, and the
Resolution was adopted by unanimous voice vote of the Board
Members present.
In conjunction with the motion adopted earlier in the
meeting (see page 2), Director Sharp introduced a proposed
Resolution, entitled:
A RESOLUTION TO REPEAL LITTLE ROCK, ARK. RESOLUTION NO.
9,073 (JANUARY 4, 1994), ESTABLISHING A RESIDENCY REQUIREMENT FOR
NEW EMPLOYEES OF THE CITY HIRED AFTER JANUARY 1, 1994; AND FOR
OTHER PURPOSES.
Director Sharp said "we should encourage people to live in Little
Rock, but not force them to do so." Directors Keck and Scheibner
also spoke in favor of the repeal of Resolution No. 9,073.
Director Mason said he felt the action taken previously was in
the best interest of the City of Little Rock and was opposed to
the repeal. Directors Hendrix and Lewellen were also opposed to
the repeal. Mr. Robert "Say" McIntosh, Ms. Betty Fletcher, Ms.
Jeannette Booth, and Mr. Jim Lynch spoke in support of the
residency requirement and urged the Board of Directors to stick
with that action and do not rescind Resolution No. 9,073.
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January 18, 1994
Following the lengthy discussion and the reading of the
Resolution, there was a motion and second by Directors Keck and
Scheibner, respectively, to adopt the Resolution. A roll call
vote was taken on adoption of the Resolution, with the results
recorded as follows: Ayes - Directors Scheibner, Keck and Sharp
- total 3; Noes - Directors Lewellen, Mason, Adcock, Hendrix and
Joyce - total 6; Abstentions - Mayor Dailey and Director Priest -
total 2; Absent - None. Therefore, Mayor Dailey announced that
the Resolution had FAILED.
Added to the Agenda at the request of Director Hendrix was
Ordinance No. 16,583, described as:
AN ORDINANCE TO PERMIT MEMBERS OF THE BOARD OF DIRECTORS TO
SIGN ORDINANCES, RESOLUTIONS, MOTIONS OR OTHER WRITINGS AS
SPONSORS, AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. Director Roy moved to
suspend the rules and place the Ordinance on second reading. The
motion was seconded by Director Scheibner, and unanimously
adopted by the Board Members present, being 11 in number and two -
thirds or more of the members of the Board of Directors - elect,
and the second reading of the Ordinance ensued. There was a
subsequent motion made by Director Scheibner, seconded by
Director Joyce, to again suspend the rules and place the
Ordinance on third and final reading. The motion was unanimously
adopted by the Board Members present, being 11 in number and two -
thirds or more of the members of the Board of Directors - elect,
and the Ordinance was read the third and last time. Mayor Dailey
requested that Board Members notify the City Clerk and City
Attorney when they wish to sign an Ordinance or Resolution as
sponsor. The roll call vote taken on passage of the Ordinance is
recorded as follows: Ayes: Directors Lewellen and Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce,
Priest, Roy and Sharp - total 11; Noes - None; Absent - None.
Therefore, the Ordinance was declared PASSED.
At 11:25 o'clock P.M. Mayor declared the Board of Directors
in recess to go into executive session to discuss appointments.
When the Board of Directors reconvened at 11:25, Mayor
Dailey presided and the following Directors were present:
Directors Priest, Sharp, Lewellen, Mason, Adcock, hendrix,
Scheibner, Keck and Joyce - total 9; Absent - Director Roy -
total 1.
Mayor Dailey announced that the Board of Directors discussed
the appointment of Meredith Catlett to the Water Commission,
which was made at the reconvened meeting held January 12, 1994.
(See Resolution No. 9,075.) Director Lewellen stated the Board
may have made an illegal appointment, and asked that the record
reflect that he would have voted "no" on the appointment of Ms.
Catlett. Director Keck stated he would have voted "aye" if he
had been present. (See Minutes of January 12, 1994.) (Note: On
1 -12 -94 City Manager Charles Nickerson read the list of names of
those appointed to various Boards and Commissions and the vote
was taken on the complete list, rather than individual names.)
There was a brief discussion regarding the way votes are taken on
appointments. Director Lewellen recommended voting on each
individual appointment. Director Priest stated a roll call vote
should be taken only as needed.
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There being no further business to be presented, the Board
of Directors adjourned at 11:35 o'clock P.M. to meet again in
regular session on Tuesday, February 1, 1994, at 6:00 o'clock
P.M.
IL
ATTEST: APPROVED:
CITY CLERK ROBBIE HANCOCK YOR JIM DAILEY
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