10-18-94750
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
October 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
in attendance: Directors Roy, Sharp, Lewellen, Mason, Adcock,
Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director
Priest - total 1.
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 Keck, followed by the
Pledge of Allegiance.
There was a briefing by Mr. Keith Jones, Executive Director
of the Central Arkansas Transit System. Mr. Jones thanked the
Board of Directors for taking a leadership role in restoring
night and Sunday bus service.
Dr. Russ Mayo, Little Rock School District, thanked the
Board for support received by the City of Little Rock and
expressed appreciation to the Fire and Police Departments.
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 August 10, 1994, the regular meeting held
August 16, 1994, the special meeting held August 25, 1994, and
the reconvened meeting held August 31, 1994.
(b) Resolution No. 9,253, entitled:
A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON
DEVELOPMENT OF A CONSOLIDATED PLAN AND ANNUAL ACTION PLANS FOR
HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS UTILIZING ENTITLEMENT
GRANTS TO THE CITY FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD). (November 1, 1994.)
(c) Resolution No. 9,254, described as:
A RESOLUTION AUTHORIZING THE SALE OF TWO LOTS LOCATED
AT 800 -808 LOUISIANA STREET TO ST. VINCENT INFIRMARY MEDICAL
CENTER. (See Ordinance No. 16,766.)
(d) Resolution No. 9,255, with the title being:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF THE RIGHT -OF -WAY OF "R" STREET
AND TO ABANDON THE UTILITY EASEMENTS WITHIN THAT PORTION OF
RIGHT -OF -WAY, IN THE CITY OF LITTLE ROCK, ARKANSAS. (North 9.35'
of ROW between North Pierce Street and North Filmore Street.)
(November 1, 1994.)
(e) Resolution No. 9,256, entitled:
A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION
TO VACATE A PUBLIC UTILITY EASEMENT IN LOT B OF HILLSIDE VILLAGE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November 1,
1994.)
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(f) Resolution No. 9,257, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF CLOTHING AND
ACCESSORIES FOR THE LITTLE ROCK POLICE DEPARTMENT. (R & R - not
to exceed $40,000.)
(g) Resolution No. 9,258, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH JONES BROTHERS BUILDERS, INC. TO CONSTRUCT,
MARKET, AND SELL 19 AFFORDABLE HOMES IN THE PINE HILLS
SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO CONVEY THE
19 LOTS TO JONES BROTHERS BUILDERS, INC.; AND FOR OTHER PURPOSES.
Upon a motion made by Director Scheibner, seconded by Director
Adcock, which was unanimously adopted by the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
the Minutes of the Board of Directors reconvened meeting held
August 10, 1994, the regular meeting held August 16, 1994, the
special meeting held August 25, 1994, and the reconvened meeting
held August 31, 1994 were approved as written and distributed to
the members of the Board of Directors; and (b, c, d, e, f, and g)
Resolutions No. 9,253, 91254, 9,255, 9,256, 9,257, and 9,258 were
read in full and unanimously adopted by the Board Members
present.
Item #1 on the Addendum to the Agenda was an Ordinance to
rezone 7321 Cantrell Road (Z -5885) from 11C -3" General Commercial
District to 11C -4" Open Display Commercial District. The proposed
Ordinance was deferred until November 1, 1994.
Consideration was then given to Item 2 on the Addendum which
was Resolution No. 9,259, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A LEASE AGREEMENT WITH LITTLE ROCK NEWSPAPERS, INC. FOR SPACE TO
HOUSE THE MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES.
Dr. Dean Kumpuris, Chairman of the Museum Task Force, spoke in
support of the Resolution. He explained that the issue calls for
$4 million to go into the Museum over the five years of the plan.
The Task Force considered three sites for location of the Museum:
first, the Wallace Building at Markham and Main Streets; next,
two of the annex buildings on Markham Street that were part of
the Fones Building purchased for the relocation of the main
branch of the Central Arkansas Library; and third, the Terminal
Building on East Markham Street, owned by the Arkansas Democrat
Gazette (Little Rock Newspapers, Inc.). After lengthy
negotiations with Mr. Walter Hussman, owner of the Arkansas
Democrat Gazette, an agreement was reached to lease 41,000 square
feet of the Terminal Building (with some common area controlled
by the Library) for a period of 100 years (Nov. 1993 through Oct.
2093). (Basically Mr. Hussman would give the City 44,000 or
45,000 square feet of space for use as a Museum) . The City's
contribution would be $833,322 to pay for part of the costs of a
new roof, elevators, modification and improvement of the windows,
and completion of the fire sprinkler system. Mrs. Ellen Gray,
Chairman of the Museum Board of Trustees, explained how the
Museum Board planned to be good custodians of this elaborate and
extensive facility. Director Scheibner asked what will happen to
the old arsenal building at MacArthur Park when the Museum moves
to the new location in late 1996. Mrs. Gray stated it would be
premature to say, but a military museum has been mentioned. Mr.
Bill Bradshaw, the new Executive Director of the Museum, and Mr.
Bruce Wesson, chairman of the fund raising and development
committee, also spoke in support of the Resolution. Following
the reading of the Resolution, there was a motion by Director
Adcock to adopt the Resolution. The motion was seconded by
Director Keck and the Resolution was unanimously adopted by the
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Board Members present. Director Roy moved that Bob East, Ellen
Gray and Dean Kumpuris receive Certificates of Appreciation for
their hard work to bring about this activity and that Mayor
Dailey designate a day to honor Walter Hussman. The motion was
seconded by Director Adcock and unanimously adopted by the Board
Members present.
At the time allotted for Citizen Communications, the first
speaker was Dr. Frank Kumpuris, who addressed the Board of
Directors on the subject of historical restoration and the
proposed moratorium on the issuance of demolition permits for
residential structures in "The Heights" area. (See Minutes of
October 4, 1994.) Dr. Kumpuris said that residents of the
Heights that were opposed to the moratorium had hired an
attorney, Ms. Gayle Corley of the Friday, Eldredge & Clark Law
Firm, and had started a solicitation of signatures of those
opposed to a historical district in the area from Cantrell north
from the Country Club of Little Rock to Taylor Street and to the
St. John's Woods District. The petitions were filed with the
City Clerk.
The next speaker was Mr. Robert "Say" McIntosh, who spoke
on the subject of crime, particularly the killings in the College
Station area. He also urged teachers from other schools to
volunteer to help the teachers at Ish Elementary School.
Mrs. Betty Moore Snyder, President of the John Barrow
Neighborhood Association, said the Boyle Park "Picnic in the
Park" on October 8 was a success in spite of the rain. She
thanked Bill Bunten, Director of Parks & Recreation, and his
staff for their assistance. She also thanked Directors Adcock,
Joyce and Scheibner for attending. She urged the Board of
Directors to restore park security. Mrs. Snyder said that four
neighborhoods (Twin Lakes, Broadmoor, Westwood and John Barrow)
are working together to combat crime and would like to have a
police substation in that area, which would be more centrally
located than having it in west Little Rock. She presented
petitions with 1,150 signatures requesting that the planned
police substation be located in the area generally known as West
Central Little Rock.
The next speaker under Citizen Communications was Mr. Noel
Washington, 2324 Ringo Street, who again urged the Board of
Directors to read the books "Pawns in the Game" by William Carr
and "In Route to Global Occupation" by Gary Kerr, stating these
books would provide help in solving problems in the community.
He also said the Constitution gives Congress the responsibility
of controlling the issuance of currency in the United States, but
people would be surprised to know that the Federal Reserve Bank
is not a federal institution but is a private institution and
proceeded to read an article regarding ownership of the Federal
Reserve Bank.
Mr. Harold Medlock, Jr., 3400 Walker Street, spoke on the
subject of a police substation in the John Barrow area. He said
the residents were requesting the police substation because crime
in the area justifies having a police station there. Improved
lighting in the areas of 41st and Tatum, 41st & Zion, and 41st
and Boyd has helped deter crime, but every time the lights go out
a murder occurs and there is open drug dealing. At the request
of Director Keck, City Manager Charles Nickerson explained that
part of the strategy is to look at what options are available in
the area of western Little Rock and to look at opportunities for
joint utilization.
Mr. Michael Booker, a resident of the John Barrow area, also
spoke on the issue of a police substation in the John Barrow
area. He said they are being served by the Southwest Precinct
and the response time is about 20 minutes. He displayed a chart
showing crime statistics which indicated crime is much lower in
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October 18, 1994
the northwest area than in the John Barrow area. He suggested
locating the substation on Colonel Glenn Road. He concluded by
asking the Board to keep their concerns in mind and allow them to
be involved in the process of selecting the location of the
police substation.
The next speaker was Mr. Phillip Toombs, 1523 West 27th
Street, who spoke on the subject of excessive police force. He
asked for a full investigation of an incident that occurred at
the Arkansas State Fair on Sunday night, October 9, 1994, in
which Police handcuffed three teenagers (15 years old), sprayed
mace in their faces, and threw them to the ground like criminals.
One of the teenagers who tried to speak up in behalf of the
others was singled out, taken to a mobile home and thrown to the
concrete floor. The officers then removed their badges, put on
gloves, turned out the lights and proceeded to beat and kick the
youth. After some time the mother of the youth was called to
pick up her son and he was charged with being disorderly. He had
scrapes, scratches and bruises and was taken to the hospital and
treated. That mother and teenager were Mr. Toombs' wife and son.
Mayor Dailey asked City Manager Charles Nickerson to provide a
report to the Board of Directors. Director Hendrix stated she
had met with Mr. Nickerson and Police Chief Lou Caudell and a
report was being prepared.
The next speaker was Mrs. Evelyn Richardson, President of
the Granite Mountain Neighborhood Improvement Association, who
presented a petition signed by residents of the Granite Mountain
and Granite Heights community asking the Board of Directors to
improve lighting in their community. The areas of concern are
from Caroline Street and Confederate on the east and extending
west to Parkway Place, Booker Homes Housing Development, Apollo
Terrace to Granite Heights Nos. 1, 2 and 3. Areas demanding
immediate attention are #21 - #42 Baltimore, 1508 E. 38th St.,
the cul -de -sac at the west end of East 38th St., Avon St. and
Parkway Place, Granite Mountain Circle to Gillam Park Road
through Apollo.
Rev. Bobby Marshall, 1608 Rock Street, spoke on a positive
note to all fathers. He said all dads need to get involved in
their sons lives, because we have many that are dying from crack,
cocaine and gangs.
The last speaker at Citizen Communications time was Rev.
Daniel Bowman. He said he was there to condemn and criticize the
Board of Directors because he didn't think $400,000 was enough
money to be appropriated for crime prevention. "We need to get
serious about this crime thing so we can stop it." Mayor Dailey
advised Rev. Bowman that the $400,000 is for the discretionary
neighborhood grant programs. $2.5 million from the 1/2 cent
sales tax goes to prevention, intervention and treatment
programs. <
Director Roy spoke in support of the multi - events center
proposed for the Crystal Hill Road area (approximately 1,000
acres bordered by the Arkansas River and I -430 at 1 -40). He said
tourist dollars are very important to our area, but we do not
have the facilities to host major sports and cultural events. He
hoped a Resolution would soon be coming before the Board of
Directors approving the Crystal Hill multi - events center. The
Springdale- Rogers - Fayetteville area has done a superb job in
trying to attract people to come to that area and we have the
same kind of opportunity here in Little Rock.
Director Lewellen urged City Manager Charles Nickerson to do
a thorough investigation of the police incident cited by Mr.
Toombs, and said he would soon be proposing the formation of a
citizens public safety commission.
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Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE CREATING THE CITY OF LITTLE ROCK LAND BANK AND
RESIDENTIAL HOUSING FACILIITES BOARD PURSUANT TO THE PROVISIONS
OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; PRESCRIBING THE
POWERS OF THE BOARD; PRESECRIBING THE MEMBERSHIP AND TERMS OF
MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY;
which had been read the first time on September 20, 1994 and
tabled. (See Minutes of September 20, 1994.) Director Hendrix
moved to bring the Ordinance back to the table for consideration.
The motion was seconded by Director Mason and adopted by the
following roll call vote: Ayes - Directors Keck, Roy, Mason,
Mayor Dailey, Directors Hendrix, and Scheibner - total 6; Noes -
Directors Joyce, Sharp, Lewellen, and Adcock - total 4; Absent -
Director Priest - total 1. The Ordinance was then read the
second time. There was a subsequent motion by Director Keck,
seconded by Director Hendrix, to again suspend the rules and
place the Ordinance on third and final reading. The motion was
adopted by a vote of 9 ayes, 1 no (Sharp) and 1 absent (Priest),
being two thirds or more of the members of the Board of
Directors - elect, and the Ordinance was read the third and last
time. City Attorney Tom Carpenter responded to questions by
Director Mason and other Board Members. At the request of
Director Keck, Mr. Tim Polk, Director of Neighborhoods and
Planning, explained that the study, which would be done by
consultants, would show how the land bank authority could be set
up and how it could become financially solvent. Director Sharp
was totally opposed to the Ordinance; Director Keck asked the
Board to hold off on voting on the Ordinance; Director Scheibner
said the ordinance was so frought with wrongs that it should be
voted down, and after the study is completed, come back with a
good ordinance. Mrs. Kathy Wells, President of the Coalition of
Little Rock Neighborhoods, and Mrs. Cheryl Nichols, Executive
Director of the Quapaw Quarter Association, spoke in support of a
land bank ordinance, stating there is a pressing need for
something like this. Following the lengthy discussion, Director
Hendrix called for the vote on the Ordinance. There was a motion
by Director Mason, seconded by Director Lewellen, to table the
Ordinance. City Attorney Tom Carpenter said he wasn't sure an
Ordinance could be tabled after the third reading and asked for a
five minute recess to review Robert's Rules of Order. Mayor
Dailey declared a five minute recess at 8:20 o'clock P.M. When
the Board reconvened at 8:30 o'clock P.M. Mayor Dailey presided
with nine Board Members present and one absent (Director Priest).
Mayor Dailey then called for a vote on whether or not the Board
would vote on the Ordinance and the roll call vote was as
follows: Ayes - Directors Joyce, Roy, Sharp, Lewellen, Mason,
Mayor Dailey, Directors Hendrix and Scheibner - total 8; Noes -
Directors Keck and Adcock - total 2; Absent - Director Priest -
total 1. Therefore, a roll call vote was then taken on passage
of the Ordinance, with the results recorded as follows: Ayes -
Mayor Dailey and Director Hendrix - total 2; Noes - Directors
Keck, Joyce, Roy, Sharp, Lewellen, Mason, Adcock, and Scheibner -
total 8; Absent - Director Priest - total 1. Whereupon, Mayor
Dailey announced that the Ordinance had FAILED.
The next presentation was Ordinance No. 16,762, 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;
(Z- 5258 -A - To rezone 3.13 acres on West Markham Street, west of
Bowman Road, from "C -2" shopping Center District to "C -3" General
Commercial District.)
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and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
from Director Adcock, seconded by Director Joyce, which 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 second time.
There was a subsequent motion and second by Directors Adcock and
Joyce, 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 ten 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
Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, the Ordinance was declared
PASSED.
Consideration was then given to Ordinance No. 16,763,
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;
(2-5876 - To rezone 1807, 1813 and 2021 Sanford Drive from "R -2"
Single - family District to "R -5" Urban Residence 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 Adcock, seconded by Director Joyce, which 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 second time.
There was a subsequent motion and second by Directors Adcock and
Joyce, 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 ten 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
Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 16,764, described
as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF
STREET IMPROVEMENT REQUIREMENTS TO FRAZIER PIKE AND AVANT STREET
FOR PILGRIM REST MISSIONARY BAPTIST CHURCH LOCATED AT 5100
FRAZIER PIKE (Z- 5828 -B);
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
v, from Director Adcock, seconded by Director Joyce, which 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 second time.
There was a subsequent motion and second by Directors Adcock and
Joyce, 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 ten 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.
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Mr. Dexter Doyne, representing the church, asked for a full
waiver of the street improvements. Mayor Dailey explained the
Board was granting the five year deferral, and at the end of that
period, the Church would come back to the Board to request an
additional deferral or waiver. A roll call vote was taken on the
question, Shall the Ordinance Pass, with the results recorded as
follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen,
Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner -
total 10; Noes - None; Absent - Director Priest - total 1.
Therefore, the Ordinance was declared PASSED.
Ordinance No. 16,765 was then introduced, with the title
being:
AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY
FOR CITY PURPOSES FOR THE YEAR 1995 FOR VARIOUS FUNDS OF THE CITY
OF LITTLE ROCK;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
from Director Adcock, seconded by Director Joyce, which 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 second time.
There was a subsequent motion and second by Directors Adcock and
Joyce, 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 ten 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
Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, the Ordinance was declared
PASSED.
The next presentation was Ordinance No. 16,766, entitled:
AN ORDINANCE AUTHORIZING A WAIVER OF PARKING REQUIREMENTS
FOR THE BUILDING CURRENTLY USED AS THE MAIN BRANCH OF THE CENTRAL
ARKANSAS LIBRARY AT 700 SOUTH LOUISIANA STREET; AND FOR OTHER
PURPOSES; (See Resolution No. 9,254.)
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading by a motion
from Director Adcock, seconded by Director Joyce, which 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 second time.
There was a subsequent motion and second by Directors Adcock and
Joyce, 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 ten 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
Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors
Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent -
Director Priest - total 1. Therefore, the Ordinance was declared
PASSED.
Consideration was then given to Resolution No. 9,260, with
the title being:
A RESOLUTION APPOINTING UNDERWRITERS FOR THE CITY OF LITTLE
ROCK, ARKANSAS CAPITAL IMPROVEMENT BONDS, SERIES 1994 (THE
"BONDS "); AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS;
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(Goldman, Sachs & Co.; Hill, Crawford & Lanford; and United
Daniels Securities, Inc.)
and the Resolution was 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.
Resolution No. 9,261 was the next presentation, described
as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONTRACT WITH TWIN CITY BANK FOR THE CITY'S BANKING SERVICES FOR
1995 AND 1996;
and the Resolution was 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.
Consideration was then given to a proposed Ordinance
entitled:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(Z -5877 - To rezone property on Train Station Drive [part of Lots
7, 8, and 9, Block 22, Town of Mabelvale] from "R -2" Single -
family District to "C -1" Neighborhood Commercial District.)
and there was a first reading of the Ordinance. Ms. Debbie Linn
asked, "How can we zone property that we don't even know what the
original zone is ?" She said she had a copy of a letter from the
City of Little Rock stating that "the Corps of Engineers went out
there and they planned to do a restudy of the area because of the
road that the CLR built there, which has caused flooding of my
property, so how can the City rezone something before the study
is complete ?" Her house is adjacent to Train Station Drive and
she has no idea whether it is in the flood plain or the floodway.
Mr. Tim Polk explained the rezoning is for an existing non-
conforming use. Ms. Linn then read the letter dated August 12,
1994, from the Corps of Engineers to Mr. Raymond Manis, Public
Works Department, which recommended a restudy of Nash Creek
tributary to determine the effect of changed topography. She
said Mr. Thompson has been allowed to fill in a ditch which
caused flooding of her property. Mr. Jim Lawson, Interim
Assistant City Manager, explained that Mrs. Linn is talking about
a flood zone and this is a land use issue. Mrs. Chandra Russell,
Director of Public Works, said she believes the consultant did
design this correctly, but could not comment further because this
is a legal issue. Director Sharp moved to table the Ordinance,
which was seconded by Director Scheibner. The motion FAILED by
the following roll call vote: Ayes - Directors Sharp, Lewellen
and Scheibner - total 3; Noes - Directors Keck, Joyce, Roy,
Mason, Mayor Dailey, Directors Adcock and Hendrix - total 7;
Absent - Director Priest - total 1. Director Adcock said she had
looked at the site and also talked to Mrs. Kay Nutt who lives
just down the street from Mrs. Linn and also had severe problems.
Responding to Director Adcock, Public Works Director Chandra
Russell said she had not talked with Mrs. Nutt for lack of a
telephone number, but had left her business card asking Mrs. Nutt
to call, and would do so again and arrange to meet on site with
Mrs. Nutt. Director Scheibner asked City Manager Charles
Nickerson to instruct Mrs. Russell to get someone out there to
get to the bottom of this. Mr. Nickerson pointed out that the
City is in the middle of a lawsuit with Mrs. Linn, and that this
particular case has nothing to do with Mrs. Linn's property, the
owner is simply requesting the rezoning to bring his business
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into compliance. There was a motion by Director Keck, seconded
by Director Mason, to suspend the rules and place the Ordinance
on second reading. A roll call vote was taken on the motion to
suspend the rules as follows: Ayes - Directors Keck, Joyce, Roy,
Mason, Mayor Dailey, and Director Hendrix - total 6; Noes -
Directors Sharp, Lewellen, Adcock and Scheibner - total 4; Absent
- Director Priest - total 1. The motion did not receive the
required two - thirds vote, therefore, the Ordinance was left on
the calendar for second reading on November 1, 1994.
A public hearing had been scheduled for this time and place
by Resolution No. 9,242, adopted September 20, 1994, on the
proposal by the City of Little Rock to annex 1,326.3 acres, more
of less, known as "Fourche Island." Notice thereof was duly
published on September 30, 1994 in the Daily Record. Mayor
Dailey declared the public hearing open. There was no one
present who wished to speak for or against the proposal. Mayor
Dailey declared the public hearing closed. (NOTE: The
annexation Ordinance will be considered on November 1, 1994.)
The next presentation was Ordinance No. 16,767, entitled:
AN ORDINANCE AMENDING LITTLE ROCK, ARKANSAS ORDINANCE NO.
16,659 TO CLARIFY THAT A TENANT MAY BE PROSECUTED FOR CAUSING
HOUSING CODE VIOLATIONS; AND DECLARING AN EMERGENCY;
and City Attorney Tom Carpenter explained the Ordinance. He
cautioned that this may be putting landlords in a worse position
than they are now. This is a mechanism for dealing with tenants
but it may be to the detriment of landlords. Mr. Jim Hathcock,
Code Enforcement Officer, explained that the Rental Inspection
Task Force did address the issue of tenant responsibility which
was a concern of both landlords and tenants. However, staff has
found that the existing Housing Code does not contain sufficient
language to allow the Code Enforcement Officers to take action.
Director Adcock spoke in support of the Ordinance and urged the
Board to vote for it. The Ordinance was then read the first
time. The rules were suspended and the Ordinance placed on
second reading upon a motion and second by Directors Scheibner
and Adcock, respectively, which 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. Following the
second reading of the Ordinance, there was a subsequent motion by
Director Adcock, 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 ten 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 -
Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey,
Directors Adcock and Scheibner - total 9; Noes - None;
Abstentions - Director Hendrix - total 1; Absent - Director
Priest - total 1.
The Emergency Clause contained in Section 2 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason,
Mayor Dailey, Directors Adcock and Scheibner - total 9; Noes -
None; Abstentions - Director Hendrix - total 1; Absent - Director
Priest - total 1. Therefore, the Ordinance, together with the
Emergency Section, was then declared PASSED.
9
Minutes
October 18, 1994
Item 13 on the Agenda was a proposed Resolution entitled:
"A RESOLUTION TO AMEND THE RESIDENCY REQUIREMENT SET FORTH IN
LITTLE ROCK, AR. RESOLUTION NO. 9,073 TO CHANGE THE DATE THE
RESIDENCY REQUIREMENT APPLIES AND TO NOTE AN ADDITIONAL EXCEPTION
TO THE RESIDENCY REQUIREMENT FOR PERSONS MARRIED TO LITTLE ROCK
EMPLOYEES; AND FOR OTHER PURPOSES." The proposed Resolution was
removed from the Agenda at the request of Director Adcock and no
action was taken.
The last matter to be presented was Resolution No. 9,262
described as:
A RESOLUTION TO REAPPOINT PERLESTA A. "LES" HOLLINGSWORTH TO
THE LITTLE ROCK AIRPORT COMMISSION; AND FOR OTHER PURPOSES;
(5 year term beginning January 1, 1995.)
and the Resolution was read in full. There was a motion by
Director Sharp, seconded by Director Mason, to adopt the
Resolution, and the Resolution was unanimously adopted by the
Board Members present.
There being no further business to be presented, the Board
of Directors adjourned at 9:15 o'clock P.M. to meet again in
regular session on Tuesday, November 1, 1994, at 6:00 o'clock
P.M.
ATTEST: APPROVED:
(:aou c,., 4QK-U Ck ..
City Clerk Robbie Hancock M or Jim Dail
10
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