02-15-94Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
February 15, 1994 - 6:10 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 Mayor Dailey, followed by the
Pledge of Allegiance.
The first presentation was the Consent Agenda, which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
regular meetings held November 16, 1993, and December 7, 1993,
and the special meeting held December 15, 1993.
(b) Resolution No. 9,098, entitled:
A RESOLUTION AUTHORIZING THE INSTALLATION OF VARIOUS
SIZES OF WATER MAIN EXTENSIONS TO EXPAND, UPGRADE, AND REINFORCE
WATER SERVICE WITHIN WATER IMPROVEMENT DISTRICT NO. 99, LOCATED
OUTSIDE THE CITY LIMITS OF LITTLE ROCK, ARKANSAS.
(c) Resolution No. 91099, described as:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE AND CLOSE PORTIONS OF CEDAR HILL ROAD AND
ALLIED DRIVE IN RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS. (March 1, 1994.)
(d) Resolution No. 9,100, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN RIVERDALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 1, 1994.)
(e) Resolution No. 9,101, with the following caption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF POLICE PATROL SEDANS
AND UNMARKED SEDANS FOR THE DEPARTMENT OF FLEET SERVICES. (Bale
Chevrolet Co. - not to exceed $13,602.30 each for patrol sedans
and $13,784.66 for unmarked sedans.)
(f) Resolution No. 9,102, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A WATER LINE EASEMENT FOR THE MUNICIPAL WATER WORKS
ACROSS CITY LANDS USED FOR THE NEW SOLID WASTE FACILITIES.
(Located on Ironton Cutoff Road.)
(g) Resolution No. 9,103, described as:
A RESOLUTION TO AUTHORIZE AN ADDENDUM TO THE ACCEPTANCE
AGREEMENT WITH SEDGWICK JAMES OF THE CAROLINAS FOR THE PURPOSE OF
ASSISTING IN THE OPENING AND OPERATION OF THE PULASKI COUNTY
REGIONAL JAIL; AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM; AND
FOR OTHER PURPOSES.
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(h) Resolution No. 9,104, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PROPOSAL TO ABANDON A PORTION OF RIGHT -OF -WAY OF ARCHWOOD DRIVE
IN BOYLE PARK IN THE CITY OF LITTLE ROCK, ARKANSAS. (March 1,
1994.)
Upon a motion made by Director Priest and seconded by Director
Mason, which was unanimously adopted, the Consent Agenda was
dispensed with as follows: (a) The Minutes of the Board of
Directors regular meetings held November 16, 1993 and December 7,
1993, and the special meeting held December 15, 1993, were
approved as written and distributed to the Board of Directors;
and (b, c, d, e, f, g, and h) Resolutions No. 9,098, 9,099,
9,100, 9,102, 9,103, and 9,104 were read in full and adopted
unanimously by the Board Members present.
At the time allotted for Citizen Communications, there were
four speakers who addressed the Board of Directors regarding an
abandoned apartment complex at 9500 Chicot Road. The apartment
complex has been abandoned for some time and 3 weeks ago one
complex burned. Mr. Larry Henderson, 9501 Carling, asked that
the apartments be demolished because they create an unsafe
situation for the many children in the area. Mrs. Marion
Elliott, 7312 Knollwood Drive, read a letter written by Victor
and Pam Werner (7720 Burnelle Drive), requesting that a
sufficient amount of money be appropriated from the demolition
fund to demolish the apartment complex and suggested that one of
the buildings be used to house an Alert Center. Mrs. Phyllis
Henderson, 36 Hatfield, also requested that money be allotted to
the demolish the apartments. Mr. Howard Geegan, 7924 Burnelle
Drive, asked if the apartment complex could be demolished and an
Alert Center be put there.
Director Adcock stated that she and Mr. Jim Hathcock
(Department of Neighborhoods and Planning) met with area
residents on Sunday regarding the abandoned apartment complex at
9500 Chicot Road, and staff should have an update for the Board
of Directors. In response to a question by Director Adcock, Mr.
Jim Lawson, Director of Neighborhoods and Planning, stated there
is no money in the demolition fund. There was not enough money
to demolish all of the buildings listed in the last condemnation
ordinance. Once more funds are available, the structures to be
demolished will have to be prioritized. City Manager Charles
Nickerson stated that staff will make a report at the next
meeting on the history of this case. Mayor Dailey asked that the
speakers be notified when this item will be on the Agenda for
discussion.
Director Priest acknowledged the presence of Boy Scout Troop
59 of First Christian Church with Assistant Scout Masters Rick
Barger and Charles Wooley.
Director Keck presented a Commendation of Excellence award
to Pat Higgenbotham and Shirley Davis, representing Woodruff
Elementary School, for its extended record of non - violence which
includes 418 days without an altercation.
Mayor Dailey had Certificates of Appreciation for members of
various Boards and Commissions (Dorothy Davis, Howard Hawes,
Kenyon Lowe, Sylvia Quick, James vonTungeln, and Jonathan
Runnells), but none of the recipients were present.
Consideration was then given to Zoning Application Z -5777,
filed by Stephen Nikel, for Auto Zone, Inc. and Katherine
Porfiris, to rezone 0.93 acre at Asher Avenue and John Barrow
Road from "R -4" Two- family District to "C -3" General Commercial
District. The reclassification was approved by the Planning
Commission on January 11, 1994. No opposition was presented and
Ordinance No. 16,593 was introduced, entitled:
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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;
(2-5777 - To rezone property at Asher Avenue and John Barrow
Road, described as Lots 3, 4, 5 and 20 of Block 2, Euclid Place
Addition, from "R -4" Two- family District to "C -3" General
Commercial District.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
from Director Priest, seconded by Director Mason, and 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 second reading of the Ordinance, there was
a subsequent motion made and seconded by Directors Mason and
Keck, 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 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 passage of the Ordinance and recorded
as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason -
total 11; Noes - None; Absent - None. Therefore, the Ordinance
was declared PASSED.
The next presentation was Ordinance No. 16,594, with the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A FIVE (5)
YEAR DEFERRAL OF STREET IMPROVEMENT REQUIREMENTS TO VIMY RIDGE
ROAD FOR THE CHURCH OF JESUS CHRIST LOCATED AT 11800 VIMY RIDGE
ROAD;
(Z- 4041 -B - Street improvements deferred: curb, gutter, sidewalk
and half of collector street improvements along the west side of
Vimy Ridge Road for a distance of 210 feet adjacent to the Church
of Jesus Christ at 11800 Vimy Ridge Road.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
from Director Priest, seconded by Director Mason, and 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 second reading of the Ordinance, there was
a subsequent motion made and seconded by Directors Mason and
Keck, 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 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 passage of the Ordinance and recorded
as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason -
total 11; Noes - None; Absent - None. Therefore, the Ordinance
was declared PASSED.
A public hearing had been scheduled for this date by
Resolution No. 9,088, adopted February 1, 1994, on the petition
filed by Michael Tierney, to vacate and close a 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. Notice of hearing was published on February 8,
1994, and February 15, 1994. Attached to the petition were
certified copies of the plats of Erwin Addition and Montclair
Heights Subdivision and a letter from Beach Abstract & Guaranty
Company listing the last apparent owners of record to the
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abutting property. The abandonment was approved by the Planning
Commission on January 11, 1994. Mayor Dailey declared the public
hearing open. There was no one present who wished to speak in
opposition to the closing. Therefore, Mayor Dailey declared the
public hearing closed and Ordinance No. 16,595 was presented,
with the title being:
AN ORDINANCE VACATING AND CLOSING 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;
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 Adcock and
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 Sharp, seconded by
Director Scheibner, to again suspend the rules and place the
Ordinance on third 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 there was a third and final reading of the Ordinance. A roll
call vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 9,089, adopted February 1, 1994, and notice
thereof duly published on February 8, 1994, and February 15,
1994, on the petition filed by Mr. Bill Buddenberg to vacate and
close the alley in Block it of Ruebel & Leymer Addition.
Attached to the petition was a certified copy of the plat of
Ruebel and Leymer Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Pulaski Lenders Title Company
listing the last apparent owners of record of abutting property.
The closure was approved by the Planning Commission on January 4,
1994. 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.
16,596, described as:
AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 11 OF
RUEBEL & LEYMER ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
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 Adcock and
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 Sharp, seconded by
Director Scheibner, to again suspend the rules and place the
Ordinance on third 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 there was a third and final reading of the Ordinance. A roll
call vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 9,090, adopted February 1, 1994, and notice
thereof duly published on February 8, 1994, and February 15,
1994, on the petition filed by Mr. Virgil Doyne to vacate and
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close a portion of the alley in Block 1 of Harrington's Suburban
Village, and to abandon those utility easements located within
that portion of alley right -of -way. Attached to the petition was
a certified copy of the plat of Harrington's Suburban Village 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 on January 4, 1994. 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. 16,597, with the
following caption:
AN ORDINANCE VACATING AND CLOSING A PORTION OF THE ALLEY IN
BLOCK 1 OF HARRINGTON'S SUBURBAN VILLAGE, AN ADDITION TO THE CITY
OF LITTLE ROCK, ARKANSAS, AND TO ABANDON THOSE UTILITY EASEMENTS
LOCATED WITHIN THAT PORTION OF ALLEY RIGHT -OF -WAY;
(Abutting the east 20 feet of Lot 7 and all of Lots 8, 9, 12, 13,
14 and 15, Block 1, Harrington's Suburban Village.)
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 Adcock and
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 Sharp, seconded by
Director Scheibner, to again suspend the rules and place the
Ordinance on third 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 there was a third and final reading of the Ordinance. A roll
call vote was taken on the question, Shall the Ordinance Pass,
with the results recorded as follows: Ayes - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Resolution No. 9,105, described
as:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO USE FEDERAL -AID FUNDS FOR THE REMOVAL OF
BILLBOARDS ON THE SCENIC CORRIDORS; AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO DEVELOP A PROGRAM AND TO INITIATE
NEGOTIATIONS AND CONDEMNATION PROCEEDINGS, IF NECESSARY;
and there was a full reading of the resolution. There was a
motion by Director Priest, seconded by Director Mason, to adopt
the Resolution, and the Resolution was adopted by unanimous voice
vote of the Board Members present.
A public hearing had been set for this time and place by
Resolution No. 9,082, adopted January 18, 1994, on the issuance
of Library Construction and Improvement Bonds by the City of
Little Rock, Arkansas. Notice of hearing was published on
January 28, 1994. Mayor Dailey declared the public hearing open.
Ms. Susan Fleming, representing Stephens, Inc., one of the bond
underwriters, made a brief presentation. Mayor Dailey declared
the public hearing closed, and Ordinance No. 16,598 was
presented, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF LIBRARY
CONSTRUCTION AND IMPROVEMENT BONDS BY THE CITY OF LITTLE ROCK,
ARKANSAS; PLEDGING TAX REVENUES SUFFICIENT TO PAY THE PRINCIPAL
OF AND INTEREST ON THE BONDS; AUTHORIZING THE ACCOMPLISHMENT OF
THE IMPROVEMENTS; APPROVING AN OFFICIAL STATEMENT; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY;
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and the Ordinance was read the first time. There was a motion by
Director Mason, seconded by Director Sharp, 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 second reading of the Ordinance ensued.
There was a subsequent motion and second made by Directors Priest
and Mason, respectively, 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. 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 - Mayor
Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce,
Priest, Roy, Sharp, Lewellen, and Mason - total 11; Noes - None;
Absent - None.
The Emergency Clause contained in Section 22 of the
foregoing Ordinance was then read and adopted by the following
roll call vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason -
total 11; Noes - None; Absent - None. Therefore, the Ordinance,
together with the Emergency Section, was declared PASSED.
Consideration was then given to Ordinance No. 16,599,
described as:
AN ORDINANCE TO APPROPRIATE MONIES FOR THE CENTRAL ARKANSAS
TRANSIT AUTHORITY; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES;
Ms. Dee Sharp, representing Mainstream Living, spoke in support
of the Ordinance, stating that people with disabilities will have
access to public transportation after the proposed improvements.
Mr. Keith Jones, Executive Director of Central Arkansas Transit
Authority (CATA) , gave an update and responded to questions by
Board members. He said it looks like all the local governments
(North Little Rock, Cammack Village, Maumelle, Sherwood and
Pulaski County) will participate in funding for the purchase of
15 new natural gas busses which would be fully equipped for
people with disabilities (wheel chair lifts, public address
systems, larger signs, etc) . The Ordinance was then read the
first time. There was a motion and second by Directors Mason and
Adcock, respectively, 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 there was a second reading of the Ordinance. A subsequent
motion was made by Director Adcock and seconded by Director
Lewellen, 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
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 - Mayor Dailey, Directors
Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy, Sharp,
Lewellen, and Mason - total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 4 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11;
Noes - None; Absent - None. Therefore, the Ordinance, together
with the Emergency Section, was declared PASSED.
At 7:05 o'clock P.M. Mayor Dailey declared a five minute
recess. When the Board of Directors reconvened at 7:15 o'clock
P.M. Mayor Dailey presided and the following Directors were
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present: Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 10; Absent - None.
Mayor Dailey recognized Boy Scout Troop No. 336 of Trinity
United Methodist Church and Assistant Scoutmaster Roger Zachritz.
Introduced next was Ordinance No. 16,600, entitled:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE
ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES;
_._ TO REGULATE THE OPERATION OF FOOD SERVICE ESTABLISHMENTS;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. There was a motion by
Director Scheibner, seconded by Director Joyce, to suspend the
rules and place the Ordinance on second reading. The motion was
unanimously adopted by the Board Members present, being eleven in
number and two - thirds or more of the members of the Board of
Directors - elect. In response to a question by Director Adcock,
City Attorney Tom Carpenter explained the provisions of the
Ordinance, stating that churches are exempt under state statute
and would be exempt under this Ordinance also. Following a brief
discussion, the Ordinance was then read the second time. There
was a subsequent motion by Director Mason, seconded by Director
Adcock, 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, followed by a roll
call vote on passage of the Ordinance, with the response recorded
as follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix,
Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason -
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 - Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11;
Noes - None; Absent - None. Therefore, the Ordinance, together
with the Emergency Section, was declared PASSED.
Consideration was then given to Ordinance No. 16,601,
described as:
AN ORDINANCE TO CREATE THE THIRD DIVISION OF THE LITTLE ROCK
MUNICIPAL COURT AS AUTHORIZED BY ACT 39 OF 1992; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES; (Environmental Court.)
with the Ordinance being read the first time. The rules were
suspended and the Ordinance placed on second reading, upon motion
and second by Directors Mason and Adcock, respectively, which 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. The Ordinance was then read the second time,
followed by a motion by Director Adcock, seconded by Director
Mason, to again suspend the rules and place the Ordinance on
third 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. City Attorney Tom
Carpenter responded to questions by the Board, stating that
$200,000 from the one -half cent sales tax would be used to fund
the new court. Governor Jim Guy Tucker will make the initial
appointment (see Resolution No. 9,106 below) of the Judge who
will serve nine months. The position will be on the ballot for
the November, 1994 General Election. The person appointed by the
Governor can be a candidate, because the statute prohibiting
appointed officials from succeeding themselves does not apply to
municipal officials. The Third Division Judge will primarily
handle housing code violations, but will be able to take in the
overload from the criminal court and the traffic court. The
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statute does not prohibit the judge from having a private
practice. Traffic Judge Bill Watt said the way the third court
is being created will allow the new judge to set up the operation
and work with neighborhood groups which will require a lot of
time. The Ordinance was then 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 - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11;
Noes - None; Absent - None. Therefore, the Ordinance, together
with the Emergency Section, was declared PASSED.
The next presentation was Resolution No. 9,106, entitled:
A RESOLUTION REQUESTING THE GOVERNOR TO MAKE AN IMMEDIATE
APPOINTMENT TO FILL THE VACANCY IN THE THIRD DIVISION OF THE
LITTLE ROCK MUNICIPAL COURT; FOR RECOMMENDING AN APPOINTEE; AND
FOR OTHER PURPOSES;
(Recommending David Alan Stewart, Chief Deputy City Attorney, be
appointed.)
and the Resolution was read in full. Director Sheibner moved for
the adoption of the Resolution. The motion was seconded by
Director Priest and adopted by the following vote: Ayes - Mayor
Dailey, Directors Adcock, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 10; Noes - None; Abstentions -
Director Hendrix - total 1; Absent - None. Whereupon, the
Resolution was adopted.
The last matter to be considered was Ordinance No. 16,602,
described as:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
16,564 (JANUARY 4, 1994), TO CLARIFY THAT ANY SUBSEQUENT CURFEW
VIOLATION MAY RESULT IN SANCTIONS FOR PARENTS; TO ADD THE TRAFFIC
ORDINANCE VIOLATION TO PROHIBIT THE OPERATION OF A MOTOR VEHICLE
DURING CURFEW HOURS BY A MINOR; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES;
and the Ordinance was read the first time. Traffic Judge Bill
Watt briefed the Board of Directors on the effectiveness of
impounding vehicles, stating that although the Ordinance does
give limited authority to impound, the Court does everything
possible to avoid impounding a vehicle. There was a motion by
Director Keck to suspend the rules and place the Ordinance on
second reading, which was seconded by Director Scheibner, and
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 second reading of the Ordinance,
there was a subsequent motion made and seconded by Directors
Adcock and Scheibner, 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 passage of the
Ordinance, with the following response: Ayes - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None.
The Emergency Clause contained in Section 6 of the foregoing
Ordinance was then read and adopted by the following roll call
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vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason - total 11;
Noes - None; Absent - None. Therefore, the Ordinance, together
with the Emergency Section, was declared PASSED.
Director Scheibner asked Police Chief Lou Caudell to report
on the condition of the police officer that was injured in the
line of duty. Chief Caudell reported that Officer Darrel Miller
responded to a call at 14th and Fillmore, attempted to handcuff
the suspect, and during the altercation the suspect bit off the
end of Officer Miller's finger and gained control of his pistol.
He fired two or three shots and hit the police dog. The suspect
had not been apprehended at the time Chief Caudell came to the
Board Meeting.
Police Chief Lou Caudell made a brief report, stating that
the placement of 20 additional officers on the streets continued
at a cost of about $23,000 in overtime. Twenty -three truants
were taken into custody and returned to school, and there were
six curfew violators.
Mr. John Magee, who arrived too late to speak at the time
allotted to Citizen Communications, addressed the Board of
Directors regarding the residency requirement. He said he was a
qualified candidate for a police officer, and considers himself a
resident of Little Rock even though he lives just outside the
city limits. He started the process in November, 1993 and even
though he is at the top of the list of qualified candidates, the
residency requirement is preventing him from being a good cop for
the City of Little Rock.
There being no further business to be presented, the Board
of Directors adjourned at 8:15 o'clock P.M. to meet again in
regular session on Tuesday, March 1, 1994, at 6:00 o'clock P.M.
ATTEST:
4as4,u CIL.
CITY CLERK ROBBIE HANCOCK
W
APPROV
JIM DAILEY
547