02-01-94529
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 1, 1994 - 6:05 P.M.
The Board of Directors of the City of Little Rock, Arkansas
met in regular session with Mayor Jim Daily presiding. City
Clerk Robbie Hancock called the roll with the following Directors
in attendance: Directors Priest, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director
Roy - total 1.
With a quorum present, Mayor Dailey declared the Board of
Directors in session and the proceedings are recorded as follows.
The Invocation was given by Vice Mayor Mason, followed by
the Pledge of Allegiance.
(Director Roy enrolled at 6:07 o'clock P.M.)
Item 1 on the Agenda was a proposed Resolution entitled: "A
RESOLUTION CHANGING THE NAME OF INEZ STREET TO J. L. HAWKINS
STREET FROM EAST 8TH STREET TO EAST 12TH STREET." Mayor Dailey
announced that the proposed Resolution would be deferred until
February 15, 1994.
The first presentation was the Consent Agenda which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
regular meeting held November 1, 1993, and the reconvened meeting
held November 10, 1994.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of December,
1993.
(c) Resolution No. 9,087, entitled:
A RESOLUTION APPROVING THE INSTALLATION OF THREE (3)
WATER MAIN EXTENSIONS TO SERVE SEVEN TRACTS OF LAND (FIVE OF
WHICH LIE WITHIN HENDERSON ROAD WATER IMPROVEMENT DISTRICT NO.
341 AND TWO OUTSIDE THE DISTRICT) LOCATED IN PULASKI COUNTY AND
OUTSIDE THE CITY LIMITS OF LITTLE ROCK, ARKANSAS.
(d) Resolution No. 9,088, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THAT PORTION OF BIRCHWOOD DRIVE
LYING SOUTH OF LOT 2A, ERWIN ADDITION, AND NORTH OF LOT 1,
MONTCLAIR HEIGHTS SUBDIVISION OF THE CITY OF LITTLE ROCK,
ARKANSAS. (February 15, 1994)
(e) Resolution NO. 9,089, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 11 OF RUEBEL &
LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (February
15, 1994)
(f) Resolution No. 9,090, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE A PORTION OF THE ALLEY IN BLOCK 1 OF
HARRINGTON'S SUBURBAN VILLAGE ADDITION TO THE CITY OF LITTLE
ROCK, ARKANSAS, AND TO ABANDON THE UTILITY EASEMENTS LOCATED
WITHIN THAT PORTION OF ALLEY RIGHT -OF -WAY. (February 15, 1994)
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(g) Resolution No. 9,091, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD AN ANNUAL CONTRACT FOR GASOLINE FOR THE DEPARTMENT
OF FLEET SERVICES. (LaSher Oil Company - regular unleaded
gasoline and diesel fuel, transport truck; Green & Chapman -
regular gasoline, bob truck.)
(h) Resolution No. 9,092, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT FOR ENGINEERING SERVICES TO DESIGN THE EVERGREEN AND
TAYLOR DRAINAGE PROJECT, BETWEEN "P" STREET AND LEE AVENUE, A
1988 CAPITAL IMPROVEMENT BOND DRAINAGE PROJECT. (Blaylock,
Threet, Phillips & Associates - not to exceed $76,650.)
(i) Resolution No. 9,093, with the following caption:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO UTILIZE FEDERAL -AID FUNDING FOR THE CONSTRUCTION
OF SIDEWALKS ALONG AND ADJACENT TO BASELINE ROAD AND CHICOT ROAD.
(j) Resolution No. 9,094, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO JOIN WITH
THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT IN AN
APPLICATION FOR A STORMWATER POLLUTION CONTROL PERMIT; AND FOR
OTHER PURPOSES;
(k) A proposed Resolution entitled "A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
FIRST COMMERCIAL BANK, N.A., TO MAKE BANK LOANS IN TANDEM WITH
THE CITY'S CDBG SUBSIDY LOANS FOR OWNER - OCCUPIED HOUSING
REHABILITATION DURING 1994; AND FOR OTHER PURPOSES" was removed
from the Consent Agenda. (See discussion following Citizen
Communications on page 3.)
(1) Resolution No. 9,095, described as:
A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO.
7,630 (JULY 15, 1986), TO PERMIT THE BOARD OF TRUSTEES OF THE
NON - UNIFORMED EMPLOYEE DEFINED BENEFIT AND DEFINED CONTRIBUTION
PENSION PLANS TO CONTRACT WITH ANY APPROPRIATE ENTITY, STANDING
IN A FIDUCIARY POSITION AND SELECTED BY A COMPETITIVE SELECTION
PROCESS, TO PROVIDE INVESTMENT ADVICE AND ASSISTANCE; AND FOR
OTHER PURPOSES;
(m) Resolution No. 9,096, with the title being:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF
UNITED SYSTEMS OF ARKANSAS, INCORPORATED TO PARTICIPATE IN THE
ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 521 East Markham
Street.)
By a motion made by Director Sharp, and seconded by Director
Mason, which was unanimously adopted by the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the regular meeting held November 2, 1993, and the
reconvened meeting held November 10, 1993, were approved as
written and distributed to members of the Board of Directors -
elect; (b) the Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of December,
1993, was received and filed; and (c, d, e, f, g, h, i, j, 1 and
m) Resolutions No. 9,087, 9,088, 9,089, 9,090, 9,091, 9,092,
9,093, 9,094, 9,095, and 9,096 were unanimously adopted. (Note:
Item (k) was removed from the Consent Agenda and considered after
Citizen Communications.)
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At the time allotted for
speaker was Mr. J. C. Franks,
the Windamere Property Owners
Association is asking for help
area. Mayor Dailey asked City
with Mr. Franks to explain
Centers.
Citizen Communications, the first
5817 Windamere Drive, representing
Association. Mr. Franks said the
in getting an Alert Center in that
Manager Charles Nickerson to meet
the plans for additional Alert
The next speaker was Mr. Bennie Johnson, 1805 West 18th
Street, founder of the "Stop the Violence Program." Mr. Johnson
challenged the Board of Directors to sponsor a gun exchange at
14th and King Drive in the black community where the problems
are. Mayor Dailey asked that the subject of gun exhange be on
the next Agenda for discussion.
Mr. Jerry Robinson, 3305 Wolfe Street, asked the Board of
Directors to set a policy to provide police protection for non-
violent gatherings, such as the recent Dr. Martin Luther King,
Jr. Parade and other Martin Luther King's Day activities.
Mr. Peter Shults (approximately 10 years old), 223 Crystal
Court, read a letter he had written to the Board of Directors
regarding land use and cutting down trees along Chenal Parkway to
make room for buildings. ( "Why can't you save the beauty of
nature that God gave to us here in Little Rock, Arkansas ? ")
Mr. Jerry Bradley, Jr. 1321 S. Pierce Street, spoke on the
subject of non- feasance of ward representation and denial of
civil rights. He stated that on Tuesday, January 25, 1994, a
test for a communications operator position was being given by
the Personnel Department in the Robinson Auditorium meeting
rooms. He arrived 45 minutes late for the test (he got off work
at 9:23) and was not allowed to take the test. He was told that
neither the Personnel Director nor the City Manager would arrange
for him to take the test. He then called the eleven City
Directors, some of which talked to him, some never returned his
call, and some hung up on him. Therefore, he came to the Board
of Directors Meeting to publicly ask that he be granted the
opportunity to take the exam. Mayor Dailey asked City Manager
Charles Nickerson to provide Board Members with a written report
on the matter.
Ms. Marion D. Elliott, 7312 Knollwood Drive, expressed
concern about the one -half cent sales tax committee, and asked
about police protection that is needed in high crime areas.
Mayor Dailey explained there is no such committee and that Police
Chief Caudell will decide where the additional police officers
are needed, stating that a significant portion of the tax money
will be for an additional 135 officers to be hired over the next
three years.
The last speaker at Citizen Communications time was Mr.
Robert "Say" McIntosh. His subject was "Little Rock Task Force
$50,000 Race Relations." He said the problem is black folks
against black folks.
Consideration was then given to Item (k) that was removed
from the Consent Agenda, which was a proposed Resolution entitled
"A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH FIRST COMMERCIAL BANK, N.A., TO MAKE BANK LOANS IN
TANDEM WITH THE CITY'S CDBG SUBSIDY LOANS FOR OWNER- OCCUPIED
HOUSING REHABILITATION DURING 1994; AND FOR OTHER PURPOSES."
Mr. Odies Wilson, III, 3944 Wooddale Drive, asked the Board of
Directors to open up the process to let as many banks as possible
participate to leverage CDBG money to augment affordable housing
in the depressed communities of the City. Mr. Charles Stewart,
Senior Vice President of First Commercial Bank, said First
Commercial Bank responded to the Request for Proposals, followed
the rules, and was pleased to be recommended for the contract.
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February 1, 1994
It is unfair to come back after the process and change the rules.
He urged the Board to move forward with the recommendation to
approve the contract with First Commercial Bank. Mr. Stewart
responded to questions from the Board of Directors. Mr. Gary
Smith, representing Worthen Bank, asked the Board to set the
criteria and let all the banks in the City that meet that
criteria participate in the program to get more dollars out to
the community. Following the one hour discussion, there was a
motion by Director Mason, seconded by Director Keck, to reject
any and all bids because the process does not meet the objectives
the Board feels are important at this time. Mr. Roger Steging,
Central Bank & Trust, spoke in favor of opening up the process to
allow more banks to participate. Director Mason moved to cut off
debate. A roll call vote was taken on the question with the
results recorded as follows: Ayes - Vice Mayor Mason, Mayor
Dailey, Directors Adcock, Scheibner, Keck, Joyce, Sharp
and Lewellen - total 8; Noes - Directors Hendrix, Priest and Roy
- total 3. The motion was adopted, debate was cut off, and a
roll call vote was taken on the motion to reject any and all bids
as stated above, with the results recorded as follows: Ayes -
Vice Mayor Mason, Mayor Dailey, Directors Adcock,
Scheibner, Keck, Joyce, Sharp and Lewellen - total 8; Noes -
Directors Hendrix, Priest and Roy - total 3. Mayor Dailey
announced that the motion to reject all bids was adopted,
therefore, no action was taken on the proposed Resolution. City
Attorney Tom Carpenter noted for the Board that the nature of
this entire bid process is unique because it involves federal
funds that are made available to the city for a specialized loan
program. It is not like taking bids on trucks, etc., so this
vote to reject bids should not be seen as a precedent for other
bid situations.
The next presentation was Zoning Application Z- 3150 -G filed
by Paul Doherty for Victory Fellowship Church, to rezone 7.116
acres at I -30 and North Chicot Road from "C -4" Open Display
Commercial District to "C -3" General Commercial District. The
reclassification was approved by the Planning Commission on
January 11, 1994. No opposition to the rezoning was voiced and
there were no right -of -way issues; therefore, Ordinance No.
16,584 was presented, with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(2- 3150 -G - To rezone 7.116 acres at I -30 and North Chicot Road
from "C -4" Open Display Commercial District to "C -3" General
Commercial District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
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February 1, 1994
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Introduced next was Zoning Application Z -5775 to rezone 0.53
acre on White Rock Lane from "R -2" Single- family District to
"R -5" Urban Residence District. The application was filed by
Timothy Daters for A. S. Rosen Associates, Inc. and was approved
by the Planning Commission on January 11, 1994. There was no
opposition to the reclassification, and Ordinance No. 16,585 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 -5775 - To rezone 0.53 acre on White Rock Lane from "R -2"
Single- family District to "R -5" Urban Residence District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors- elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Consideration was then given to Ordinance No. 16,586,
described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED MAXMART
OFFICE BUILDING SHORT -FORM POD (Z- 5770), LOCATED AT 14924 HIGHWAY
10 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;
(2-5770 - To reclassify 1.82 acres at 14,924 Highway 10 from "R-
2" Single- family District to Planned Office Development
District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
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February 1, 1994
Ordinance No. 16,587 was the next presentation, with the
title being:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED OFFICE DEVELOPMENT DISTRICT TITLED MEYER
2ND AND RINGO SHORT -FORM POD (S- 1000), LOCATED AT THE S.E. CORNER
OF WEST 2ND AND RINGO STREETS 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;
(5 -1000 - To reclassify the vest 100 feet of Lots 1, 2 and 3,
Block 258, Original City of Little Rock from 11C -4" Open Display
Commercial District to Planned Office Development District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Introduced next was Ordinance No. 16,588, described as:
AN ORDINANCE ALLOWING A WAIVER OF THE SIDEWALK REQUIREMENT
OF CHAPTER 31, SECTION 31 -175 OF THE LITTLE ROCK CODE OF
ORDINANCES AT 11200 OTTER CREEK EAST BOULEVARD; (Accurate
Plastics Moulding Company.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
The next presentation was Ordinance No. 16,589, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH AMERICAN MANAGEMENT SYSTEMS, INC. (AMS) TO CONTINUE COMPUTER
SOFTWARE MAINTENANCE FOR THE CITY'S FINANCE AND HUMAN RESOURCES
SYSTEM;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, to suspend the rules
and place the Ordinance on second reading. The motion was
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February 1, 1994
535
adopted unanimously by the Board Members present, being eleven
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 and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; Absent - None. Therefore, the Ordinance was
declared PASSED.
Introduced next was Ordinance No. 16,590, with the title
being:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,561 (THE 1994 BUDGET
ORDINANCE) TO PROVIDE ADDITIONAL FUNDS FOR THE LITTLE ROCK POLICE
DEPARTMENT; FOR OTHER PURPOSES; AND DECLARING AN EMERGENCY;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Sharp, 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
Directors - elect, and the second reading of the Ordinance ensued.
There was a subsequent motion made and seconded by Directors
Mason and Adcock, respectively, 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 eleven 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the results recorded as follows: Ayes -
Director Mason, Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen - total
11; Noes - None; 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 - Director Mason, Mayor Dailey, Directors Adcock,
Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp and Lewellen
- total 11; Noes - None; Absent - None. Therefore, the
Ordinance, together with the Emergency Section, was declared
PASSED.
Consideration was then given to Ordinance No. 16,591,
described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
THE REQUIREMENT TO CONSTRUCT AN ADDITIONAL TRAFFIC LANE ALONG THE
DENVER ROLLER, "INC. /CITIZENS FIDELITY INSURANCE FRONTAGE OF
CHENAL PARKWAY, LOCATED AT 13701 -13801 CHENAL PARKWAY.
Mr. Frank Riggin of Mehlburger Engineers, representing the
applicant Denver Roller, Inc., displayed exhibits and explained
the project. He said the first phase was completed less than a
year ago and the site was developed in accordance with a PUD and
all prescribed conditions were fulfilled, including the necessary
ingress and egress improvements to the parkway which were built
in accordance to the plans provided by the City Traffic
Department. The original site plan that was reviewed as part of
the PUD application showed the full extent of the development,
that is, both the funeral home and the office building to the
east. Planning proceeded on the second phase which was a two -
story office building. However, during the site plan review
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February 1, 1994
process, the City Traffic Department said the developer would be
required to build a third lane on Chenal Parkway. Mr. Riggin
said that was never part of the original PUD conditions, and was
never mentioned as a possibility. Other developments along the
parkway were not required to build the third lane. He concluded
by stating that the applicant respectfully requests that the
waiver be approved. The next speaker was Mr. Dickson Flake,
representing the Catholic Diocese, who stated he had no interest
in this particular application, but his concern was the precedent
that might be set. It is not right to change the rules after the
property owners have made a long term commitment (referring to
those that formed the Improvement District). He was in favor of
the waiver, and said the City should be consistent and not
require the third lane up and down the parkway. Director Keck
said he did not think this small area expanding into three lanes
would do anything to help. Director Sharp spoke in opposition to
requiring a third lane, stating "this is not part of the Master
Street Plan;... we have got to be more sensitive to the needs of
the citizens." Mayor Dailey asked City Manager Charles Nickerson
to come back to the Board with the Master Street Plan as it
relates to this. Ms. Chandra Russell, Assistant Director of
Public Works, said several other property owners along there have
been required to do improvements. The Ordinance was then read
the first time. There was a motion and second by Directors
Lewellen and Sharp, respectively, to suspend the rules and place
the Ordinance on second reading. The motion was unanimously
adopted by the Board Members present, being eleven in number and
two - thirds or more of the members of the Board of Directors -
elect, and the Ordinance was read the second time. There was a
subsequent motion made by Director Lewellen and seconded by
Director Priest, 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 eleven 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 - Director Mason, Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce,
Priest, Roy, Sharp and Lewellen - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
At the request of Mayor Dailey, Police Chief Caudell made a
brief report on police overtime and curfew violations.
There being no further business to be presented, the Board
of Directors meeting was recessed at 8:15 o'clock P.M. to
reconvene on Wednesday, February 9, 1994, at 1:30 P.M. to
consider a water service agreement with the City of Shannon
Hills.
ATTEST: APPROVED:
CITY CLERK ROBBIE HANCOCK YOR JIM DAILEY
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