08-02-94694
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
August 2, 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
in attendance: 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.
Director Scheibner presented Certificates of Appreciation to
Mr. Lugean L. Chilcote and Mr. James Engstrom, III, for their
service on the Board of Building Code Appeals.
Consideration was then given to the Consent Agenda, which
consisted of the following items:
(a) Approval of the Minutes of the Board of Directors
reconvened meeting held June 1, 1994, and the regular meeting
held June 7, 1994.
(b) The Little Rock Municipal Water Works Comparative
Statement of Income Account for the month of June, 1994.
(c) Resolution No. 9,207 entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN THE AREA OF
TRACT "C -2" OF THE REPLAT OF TRACT "C" OF THE AMENDED PLAT OF
UNIVERSITY PARK- RECREATIONAL, EDUCATIONAL AND REMEDIAL FACILITIES
PLAT, CITY OF LITTLE ROCK, ARKANSAS. (August 16, 1994)
(d) Resolution No. 9,208, described as:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
THE ISSUANCE OF NOT TO EXCEED $12,500,000 CITY OF LITTLE ROCK
MUNICIPAL AIRPORT REVENUE REFUNDING BONDS, SERIES 1994, FOR THE
PURPOSE OF REFUNDING THE CITY OF LITTLE ROCK MUNICIPAL AIRPORT
REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 1984 AND THE CITY
OF LITTLE ROCK MUNICIPAL AIRPORT REVENUE IMPROVEMENT BONDS,
SERIES 1985. (August 31, 1994)
(e) Resolution No. 9,209, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO LAMBERT CONSTRUCTION COMPANY FOR
HAULING TOPSOIL FOR THE LANDFILL CLOSURE.
Upon motion and second by Directors Scheibner and Adcock,
respectively, which was unanimously adopted by the Board of
Directors, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the Board of Directors reconvened meeting held
June 1, 1994, and the regular meeting held June 7, 1994, were
approved as written and distributed to members of the Board of
Directors; (b) the Comparative Statement of Income Account of the
Little Rock, Municipal Water Works for the month of June, 1994,
was received and filed; and (c, d, and e) Resolutions No. 9,207,
9,208, 9,209 were read in full and unanimously adopted.
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At the time allotted for Citizen Communications, the first
speaker was Mrs. Debbie Linn, 10124 Darris Drive, Mabelvale, who
read a prepared statement regarding the drainage problem on her
property related to the construction of the Mabelvale railroad
crossing and the lawsuit she filed seeking damages from the City
of Little Rock. She asked the City to purchase her property or
correct the problem, and concluded by stating: "We feel that we
are entitled to our damages that the jury and Judge Piazza
awarded us." Mayor Dailey asked the City Manager or City
Attorney to provide Board members with a report on the status of
the lawsuit. Director Priest asked for a copy of the judgment.
The next speaker was'Mr. Robert "Say" McIntosh, who again
spoke on the subject of black on black crime, blacks killing
blacks.
Mr. Tom Black, 8207 Crystal Valley Cove, presented a
petition with 34 signatures requesting the City of Little Rock
and the Little Rock Water Works to make city water available to
them at a price they can afford. That area was annexed to the
City several years ago but has received few of the services that
were promised at the time of annexation. Mayor Dailey asked the
City Manager to provide the Board of Directors with a report.
Mr. William H. Hill, 2509 Bishop Street, was the next person
to speak at Citizen Communications time. He stated he has been
paying taxes on the property at 2509 Bishop since 1985 but has
not been getting city services in maintaining the sidewalks and
alley. He said the City received money from the federal
government for sidewalks and curbs, but instead of starting at
Roosevelt Road (25th Street) and going south, the contractor
started at 26th Street and went south. He reported that to the
City Manager and the Board, but the contractor never did come
back and fix the sidewalks and curb in that one block. The
sidewalk is so deteriorated that people have to walk in the
street. "We want our tax money to be used in our area." Mr.
Hill said he was told that the sidewalk belongs to the City and
he could not cut the trees that were damaging the sidewalk. But
now he has received a letter from the City telling him to replace
the sidewalk, and explaining that 50 % -50% matching funds are
available if residents sign a petition and put up the money in
escrow. Mayor Dailey asked City Manager Charles Nickerson to
provide a report to the Board of Directors and to Mr. Hill.
The last speaker under Citizen Communications was Mr. Floyd
Marshall, who asked what is the job of the City Manager, the
Mayor and the Board of Directors. He encouraged the Board to
work hard to get to the requests of the citizens. When funds are
received from the federal government, don't get behind closed
doors to decide what to do with the money.
(Consideration was then given to Item #8 on the Agenda,
which was a public hearing rescheduled from July 19, 1994.)
Resolution No. 9,192, adopted July 5, 1994, had set the date of
public hearing for July 19, 1994, on the petition to vacate a
public utility easement in Blocks 18 and 19 of Neimeyer Grove
Addition to the City of Little Rock, which was filed by Richard
Rogers on behalf of Winrock Development Company and Mr. Carl E.
Warren. However, on July 19, 1994, Mayor Dailey rescheduled the
public hearing for August 2, 1994, due to a letter of opposition
written by Mr. & Mrs. Lonnie Bennett, 915 Loyola Drive. Attached
to the petition was a certified copy of Ordinance No. 16,495 (9-
21-93) with a survey showing the easement to be abandoned and a
letter from Beech Abstract & Guaranty Company listing the last
known owners of record of abutting property. Mayor Dailey
declared the public hearing open. Mr. Carl Warren, one of the
petitioners, said the letter from Mr. Bennett was totally in
error. Mayor Dailey declared the public hearing closed, and
Ordinance No. 16,715 was presented, with the title being:
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AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN BLOCKS 18
AND 19 OF NEIMEYER GROVE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
(Utility easement located in a portion of now closed Anglin
Street - See Ordinance No. 16,495.)
and there was a first reading of the Ordinance. The rules were
suspended and the Ordinance placed on second reading, by a motion
and second made by Directors Roy and Sharp, respectively. 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 there was a second reading of the
Ordinance. The rules were again suspended and the Ordinance
placed on third and final reading by a motion made by Director
Sharp and seconded by Director Adcock. 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. 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.
Introduced next was a proposed Ordinance entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(2- 5462 -C - To rezone property at the northwest corner of Hinson
Road and Rodney Parham Road from "R -2" Single - family District to
110-3" General Office District with conditions.)
Mayor Dailey announced that there would be a 15 minute
presentation by the proponents, a 15 minute presentation by the
opponents, and a five minute rebuttal by each side. Director
Priest questioned City Attorney Tom Carpenter about the proposed
ordinance related to zoning classifications with conditions
which would transfer from landowner to landowner, and if this
Zoning Case Z- 5462 -C should be deferred until then. Mr.
Carpenter said the Ordinance would be ready in two to four weeks.
Director Hendrix was in favor of deferral; Directors Keck, Sharp
and Lewellen were opposed to deferral. Speaking in support of
the Hinson Road reclassification was Mr. David Jones (Vogel
Realty), representing the owner /applicant, Turner Harris and Mrs.
W. D. Camp. Mr. Jones reminded Board Members that on April 19,
1994, there was an application for a Walgreens Store at this
location, which was approved by Staff and the Planning
Commission, but was denied by the Board of Directors. Mr. Jones
showed a video of the April 19th meeting in which many neighbors
were opposed to the commercial use for that location, and
Attorney Mark Spradley, speaking on behalf of the residents,
urged the Board to stick with the Land Use Plan, which calls for
office in this particular area. Mr. Jones stated the applicants
are requesting 110-3" General Office classification and have
agreed to additional restrictions, and urged the Board to vote
yes on this application. Mr. Emery Jarrett, 601 Valley Club,
spoke in favor of the rezoning if the height is limited to two
stories. Speaking in opposition were Carolynn Conway Coleman -
#55 Cascades Drive; Margaret Cornett - 11701 Fairway Drive; John
Cullum - 2300 Rodney Parham; Billy Casey - 539 Valley Club
Circle; David Martinous - 11712 Fairway Drive; Chuck Meyer - 40
Valley Club Circle; George Plastiros - 545 Valley Club Circle;
and Richard Zemann - 10 Valley Club Circle (he presented a short
video). Mr. Jones then responded to questions by Board members.
Mr. Tim Polk, Director of Neighborhoods & Planning, presented
slides of building heights in the area, and responded to
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questions by the Board. Following the five minute rebuttal of
each side, Director Adcock moved to table the Ordinance until the
Board can move on the Ordinance City Attorney Tom Carpenter is
supposed to present in four weeks (referring to the Ordinance to
permit rezoning subject to certain conditions) . The motion was
seconded by Director Hendrix, and adopted by the following voice
vote: Ayes - Mayor Dailey, Directors Adcock, Hendrix, Scheibner,
Priest, and Lewellen - total 6; Noes - Directors Keck, Joyce,
Roy, Sharp and Mason - total 5. Therefore, the proposed
Ordinance was tabled and the first reading of the Ordinance did
not occur.
(In response to Director Keck's question regarding the
number of votes required to table an item, City Attorney Tom
Carpenter explained that only six votes (majority) are required
to table an item or to bring an item back to the table for
consideration. Eight votes (two- thirds) are required to suspend
the rules or to adopt the emergency clause for an Ordinance.)
(Director Hendrix was excused at 7:50 o'clock P.M.)
The next presentation was Ordinance No. 16,716, described
t:T-*
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 -5842 - To rezone 8324 Stagecoach Road, described as Lot 8 of
Turley's Replat of Tracts 5 and 6 of Crystal Valley Glens
Addition, from 11R -2" Single - family District to "C -4" Open Display
District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten 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 by Director Lewellen, seconded by
Director Roy, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect. The Ordinance was then read the third and last time. A
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Mayor Dailey, Directors
Adcock, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen,
and Mason - total 10; Noes - None; Absent - Director Hendrix -
total 1. Whereupon, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 16,717, 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;
(2-5844 - To rezone 1.69 acres on Chenal Parkway at Kanis Road
from 11R -2" Single- family District to 110-3" General Office
District.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten 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 by Director Lewellen, seconded by
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Director Roy, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect. The Ordinance was then read the third and last time. A
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Mayor Dailey, Directors
Adcock, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen,
and Mason - total 10; Noes - None; Absent - Director Hendrix -
total 1. Whereupon, the Ordinance was declared PASSED.
Ordinance No. 16,718 was the next presentation, with the
title being:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE WEST
LITTLE ROCK DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY TO
MULTIFAMILY, EAST OF RESERVOIR ROAD AND NORTH OF GRASSY FLAT
CREEK; AND FOR OTHER MATTERS;
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten 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 by Director Lewellen, seconded by
Director Roy, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect. The Ordinance was then read the third and last time. A
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Mayor Dailey, Directors
Adcock, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen,
and Mason - total 10; Noes - None; Absent - Director Hendrix -
total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,719,
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 -5845 - To rezone property on Reservoir Road at Northedge Drive
from 11R -2" Single- family District to 11R -5" Urban Residence and
"OS" Open Space Districts.)
and the Ordinance was read the first time. There was a motion by
Director Priest, seconded by Director Lewellen, to suspend the
rules and place the Ordinance on second reading. The motion was
adopted unanimously by the Board Members present, being ten 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 by Director Lewellen, seconded by
Director Roy, 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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect. The Ordinance was then read the third and last time. A
roll call vote was taken on passage of the Ordinance, with the
results recorded as follows: Ayes - Mayor Dailey, Directors
Adcock, Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen,
and Mason - total 10; Noes - None; Absent - Director Hendrix -
total 1. Whereupon, the Ordinance was declared PASSED.
(Director Hendrix re- enrolled at 7:55 o'clock P.M.)
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The next presentation was Ordinance No. 16,720, described
as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE BOYLE
PARK DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY TO SUBURBAN
OFFICE, BETWEEN CLEVELAND TO UNIVERSITY, SOUTH OF 12TH STREET;
AND FOR OTHER MATTERS;
and there was a first reading of the Ordinance. Director
Scheibner moved to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Roy 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 second reading of the Ordinance ensued.
There was a subsequent motion by Director Scheibner, 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. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the following results: Ayes - Mayor Dailey,
Directors Adcock, Hendrix, Scheibner, Keck, Joyce, Priest, Roy,
Sharp, Lewellen, and Mason - total 11; Noes - None; Absent -
None. Whereupon, the Ordinance was declared PASSED.
(Director Keck asked if there is a precedent for a Director
to participate in a Board of Directors meeting by
telecommunications. If the previous Ordinance that was tabled
and the companion Ordinance are considered while he is out of
town, he would like to cast his vote by telephone or facsimile.
Mayor Dailey asked City Attorney Tom Carpenter to investigate.)
At 8:00 o'clock P.M. Mayor Dailey declared a five minute
recess. The Board of Directors reconvened at 8:10 o'clock P.M.,
with Mayor Dailey presiding and the following Directors present:
Directors Priest, Roy, Sharp, Lewellen, Mason, Adcock, Hendrix,
Scheibner, Keck and Joyce - total 10; Absent - None.
Consideration was then given to Ordinance No. 16,721,
entitled:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF
SIDEWALK REQUIREMENTS FOR VIDEO VIEWING, INCORPORATED LOCATED AT
11408 OTTER CREEK SOUTH ROAD (B.P. 94 -094);
Mrs. Mary Jane Pruniski, an attorney representing Video Viewing,
Inc., addressed the Board of Directors, asking for a waiver of
the sidewalk requirement. She said there are no sidewalks in the
neighborhood, and showed photographs and a video of the area.
Director Priest asked if this area was covered by the Ordinance
passed some time ago that waived sidewalks in Industrial Parks.
Mr. Richard Wood, Department of Neighborhoods & Planning, said
that sidewalk ordinance involved three areas - the Little Rock
River Port Area, the West 65th Street Industrial Area, and the
Airport Industrial Park. (See Ordinance No. 16,374 passed March
2, 1993.) It did not apply to this area. Mr. Tim Polk, Director
of Neighborhoods and Planning, explained that Staff was
recommending denial because when the building permit was granted,
the applicant agreed to build the sidewalk. Mrs. Pruniski said
there is basically no foot traffic in this area. Video Viewing
was advised by the contractor to obtain the building permit so
construction could begin and then apply for the sidewalk waiver.
Following the discussion, the Ordinance was read the first time.
There was a motion and second by Directors Roy and Scheibner,
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. Following the
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second reading of the Ordinance, there was a subsequent motion to
again suspend the rules and place the Ordinance on third and
final reading. The motion was made by Director Adcock, 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, and the Ordinance
was read the third and last time. 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. Whereupon, the Ordinance was declared
PASSED.
(Director Roy asked Staff to look at Otter Creek Industrial
Park and other similar ones and to prepare an Ordinance waiving
the sidewalks in those areas.)
(Note: Items 13 and 14 on the Agenda were Ordinances
establishing a Race Relations and Cultural Diversity Commission,
being the recommendations of the Task Force and Director Roy,
respectively, both having the same title. See discussion related
to Ordinance No. 16,722 below.)
The next presentation was Ordinance No. 16,722, described
as:
AN ORDINANCE ESTABLISHING A RACE RELATIONS AND CULTURAL
DIVERSITY COMMISSION FOR THE CITY OF LITTLE ROCK; SPECIFYING THE
NUMBER OF MEMBERS AND THE MANNER OF APPOINTMENT; SPECIFYING THE
DUTIES OF THE COMMISSION; AND FOR OTHER PURPOSES;
Mayor Dailey introduced members of the Task Force (Shirley
Pleasant, Al Porter, Joa Stafford - Humphrey, Ethel Ambrose, Sammy
Mills, Dr. Winston Brown, Delores Bryant and Richard Brittain.)
He also introduced Tamidra Mason who attended the Forums. He
then announced that there would be a thirty or thirty -five minute
presentation by the Task Force. The first speaker was Dr.
Patricia McGraw, who showed a seven minute video introducing the
ideas of the Task Force. Mr. Jim Lynch presented the chronology
of FUTURE Little Rock and the Race Relations Task Force and a
tabulation of the Task Force projects. Other speakers were Jerry
Robinson, Beverly Nelson, Jack Gilbert, Allan Ward, Lillie
McMullen, Jim Westbrook and Sarah Facen. Co- Chairs Dr. Pat
McGraw and Mayor Dailey concluded the presentation. Mayor Dailey
asked fellow Board Members to consider a unanimous vote on Item
13. Mr. Robert "Say" McIntosh and Mr. Richard Brittain also
spoke on the issue. Following the presentation, Board Members
had questions regarding the number of members, selection of the
Executive Director, staffing and where staff would be located,
etc. Director Roy then withdrew his Ordinance (Item #14) and
stated his support of the Ordinance recommended by the Task Force
(Item #13), although he objected to three of the members being
appointed by the Mayor rather than all 17 members being appointed
by the Board as a whole. The Ordinance was then read the first
time. There was a motion by Director Keck, seconded by Director
Adcock, 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. Following the second
reading of the Ordinance, there was a subsequent motion to again
suspend the rules and place the Ordinance on third and final
reading. The motion was made by Director Adcock, seconded by
Director Sharp, 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. The third and last
reading of the Ordinance ensued, and a roll call vote was taken
on the question, Shall the Ordinance Pass, which is recorded as
follows: Ayes - Mayor Dailey, Directors Adcock, Hendrix,
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Scheibner, Keck, Joyce, Priest, Roy, Sharp, Lewellen, and Mason -
total 11; Noes - None; Absent - None. Whereupon, the Ordinance
was declared PASSED.
(Director Lewellen was excused at 9:55 P.M.)
Introduced next was Ordinance No. 16,723, containing the
following caption:
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE
ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES,
AND CHAPTER 4, ARTICLE II, PERTAINING TO ALCOHOLIC BEVERAGES;
and there was a first reading of the Ordinance. Director
Scheibner moved to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Sharp and
unanimously adopted by the Board Members present, being ten 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 by Directors Scheibner
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 ten in number and
two - thirds or more of the members of the Board of Directors -
elect, and there was a third and last reading of the Ordinance.
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, and
Mason - total 10; Noes - None; Absent - Director Lewellen - total
1. Whereupon, the Ordinance was declared PASSED.
(Director Adcock was excused at 10:00 P.M.)
The next presentation was Resolution No. 9,210, entitled:
A RESOLUTION TO DIRECT THE CITY MANAGER TO SEEK COMPETITIVE
BIDS FROM PRIVATE COMPANIES TO CONDUCT PARKING METER AND PARKING
FINE SERVICES FOR THE CITY; AND FOR OTHER PURPOSES;
In response to a question by Director Sharp, City Manager Charles
Nickerson said the City would be participating as a bidder
(Public Works Department). Accordingly, City Attorney Tom
Carpenter added to Section 1 the phrase, "including one from the
City as determined by the City Manager." The Resolution was then
read in full. There was a motion by Director Scheibner, seconded
by Director Roy, to adopt the Resolution, and the Resolution was
unanimously adopted by the Board Members present.
P.M.)
(Directors Lewellen and Adcock were re- enrolled at 10:05
Resolution No. 9,211 was introduced, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT TO LEND THE DOWNTOWN LITTLE ROCK COMMUNITY DEVELOPMENT
CORPORATION (DLRCDC) $655,000 OF CDBG SECTION 108 LOAN FUNDS TO
HELP FINANCE THE SOUTH MAIN STREET REDEVELOPMENT PROJECT;
Director Hendrix asked that the Resolution be tabled based on
information received in a memorandum from Staff. City Manager
Charles Nickerson said he thought all the issues had been
resolved. Director Priest objected to tabling the Resolution,
and urged the adoption of the Resolution. Mr. Tim Polk, Director
of Neighborhoods and Planning, responded to questions by Director
Lewellen regarding the Section 108 money, and the status of
various CDC groups. There was a motion by Director Mason,
seconded by Director Priest, to adopt the Resolution. Director
Roy suggested deferring action until Wednesday, August 10, 1994.
Director Hendrix raised the issue of funding for the Housing
Partnership Land Bank, which she felt should have top priority
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for these funds. Differing opinions and concerns were expressed
by Board Members. Mr. Jim Mercado (LISC) said that the project
is already behind schedule, and there would be a problem with
delaying action until Wednesday, because the Equity Fund has
already voted to approve the $1.4 million equity based on
adoption of this Resolution. A September closing is needed in
order to use the tax credits before the end of the year. He said
the confusion is unnecessary because the Housing Partnership
issue and this project are two different things. Director Roy
again urged the Board to delay action to allow Board Members the
opportunity to study this. Mr. Ari Merritazon recommended the
Board table the Resolution or disapprove it because one -third of
the funds will be allocated to one activity and the direct cost
is too high. Director Roy moved to table the Resolution until
Wednesday, August 10, 1994, and Director Hendrix seconded the
motion. The motion FAILED by the following roll call vote: Ayes
- Directors Hendrix, Roy, and Lewellen - total 3; Noes - Mayor
Dailey, Directors Adcock, Scheibner, Keck, Joyce, Priest, Sharp
and Mason - total 8; Absent - None. A roll call vote was then
taken on the motion to adopt the Resolution, which is recorded as
follows: Ayes - Mayor Dailey, Directors Adcock, Scheibner, Keck,
Joyce, Priest, Sharp and Mason - total 8; Noes - Directors
Hendrix and Lewellen - total 2; Abstentions - Director Roy (not
enough information) - total 1. Therefore, the Resolution was
ADOPTED.
The last matter to be considered was Ordinance No. 16,724,
entitled:
AN ORDINANCE ESTABLISHING THE OFFENSE OF ATTEMPTING TO
PURCHASE ALCOHOLIC BEVERAGES BY A MINOR; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
and there was a second reading of the Ordinance, having been read
the first time on July 19, 1994. At the request of Director
Keck, Captain Sam Williams of the Little Rock Police Department
explained how this Ordinance will help the Police Department, and
responded to questions by Board Members. There was a motion by
Director Scheibner, seconded by Director Keck, to 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 8 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.
There being no further business to be presented, the Board
of Directors adjourned at 10:45 o'clock P.M. to meet again in
regular session on Tuesday, August 16, 1994, at 6:00 o'clock P.M.
ATTEST: APPROVE :
CITY CLERK ROBBIE HANCOCK YOR JIM DAIL Y
WC