HomeMy WebLinkAbout11-07-95238
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
November 7, 1995 - 5:20 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 Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Keck, Joyce, and Wyrick -
total - 9; Absent - Director Hodges - total 1. (Note: The
meeting started at 5:20 P.M. in order to consider the
Consent Agenda before the public hearing on the Million Man
March which had been scheduled for 5:30 P.M.)
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.
Consideration was then given to the Consent Agenda
which consisted of the following items:
(1) Approval of the Minutes of the Board of Directors
regular meeting held September 5, 1995, the reconvened
meeting held September 13, 1995, the regular meeting held
September 19, 1995, and the reconvened meeting held
September 26, 1995.
(2) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of
September, 1995.
(3) The 1994 Annual Report of the Little Rock
Municipal Water Works.
(4) Resolution No. 9,531, entitled:
A RESOLUTION APPROVING THE EXTENSION OF THE
DEFERRED RETIREMENT OPTION PLAN OF THE LITTLE ROCK
POLICEMEN'S PENSION AND RELIEF FUND FROM FIVE (5) YEARS TO A
MAXIMUM OF TEN (10) YEARS OF ADDITIONAL SERVICE; AND FOR
OTHER PURPOSES. (DROP)
(5) Resolution No. 9,532, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT TO TOLLIVERS BODY
SHOP FOR PAINT AND BODY WORK FOR THE FLEET SERVICES
DEPARTMENT. (Not to exceed $120,000.)
(6) Resolution No. 9,533, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF A
KNUCKLE BOOM TRUCK AND A ROLL OFF TRUCK WITH HYDRAULIC
TARPING SYSTEM FOR THE LANDFILL. (Diamond International -
not to exceed $81,090 for knuckle boom truck and $82,233 for
roll -off truck.)
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Minutes
November 7, 1995
?47
the members of the Board of Directors - elect. Following the
second reading of the Ordinance, there was a subsequent
motion and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,002, described as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED BEVERLY
REHAB. AND SPECIALTY CARE CENTER SHORT -FORM PRD (Z- 6024 -A),
AND LOCATED AT 8315 CANTRELL ROAD, IN THE CITY OF LITTLE
ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES;
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,003,
entitled:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE I -430 DISTRICT, CHANGING AN AREA EITHER SIDE OF ALAMO
AT MARKHAM FROM SINGLE FAMILY TO COMMERCIAL AND FOR OTHER
MATTERS; (Re: Z -6039)
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
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Minutes
November 7, 1995
Zoning Application Z -6039 was the next presentation,
filed by Tom Coleman for E -Z Mart Stores, Inc., to rezone
11701 West Markham Street from "R -2" Single- family District
to "C -3" General Commercial District. The reclassification
was approved by the Planning Commission on October 3, 1995.
Ordinance No. 17,004 was introduced, 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 -6039 - To rezone 11701 West Markham Street [Lot "A ",
Markham Pines Addition] from "R -2" Single- family District to
"C -3" General Commercial District.)
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Introduced next was Ordinance No. 17,005, described as:
AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222)
IN THE GEYER SPRINGS WEST DISTRICT, CHANGING AN AREA WEST OF
GARDNER AND NORTH OF ACORN PLACE FROM MULTIFAMILY TO
COMMERCIAL AND FOR OTHER MATTERS;
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Zoning Application 2-
6041 to rezone 9017 Gardner Road from "R -5" Urban Residence
District to "C -3" General Commercial and "OS" Open Space
Districts. The application was filed by Walter Fuller, Jr.
and the reclassification was approved by the Planning
Commission on October 3, 1995. Ordinance No. 17,006 was
presented with the title being:
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Minutes
November 7, 1995
AN ORDINANCE F
CITY OF LITTLE ROCK,
CODE OF ORDINANCES OF
FOR OTHER PURPOSES;
(2-6041 - To rezone
Residence District to
Space Districts.)
?49
:ECLASSIFYING PROPERTY LOCATED IN THE
ARKANSAS, AMENDING SECTION 36 OF THE
THE CITY OF LITTLE ROCK, ARKANSAS; AND
9017 Gardner Road from "R -5" Urban
"C -3" General Commercial and "OS" Open
and there was a f irst reading of the ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 17,007, with
the title being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING
FOR A DEFERRAL OF SIDEWALK, CURB AND GUTTER, STREET PAVEMENT
AND UNDERGROUND DRAINAGE REQUIREMENTS FOR U.P.C. CHURCH,
PRELIMINARY PLAT AT 9400 BLOCK OF STAGECOACH ROAD (S- 1084).
and the Ordinance was read the first time, as a waiver of
sidewalk, curb and gutter, street pavement and underground
drainage requirements. There was a motion by Director
Adcock, seconded by Director Mason, 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. Mr. Percy Billingsley, representing the
U.P.C. Church, explained the request for a waiver. He said
this is an undeveloped area with no street improvements and
the construction would be a tremendous financial burden for
the church at this time. Upon question by Director Adcock,
Public Works Director Chandra Russell said staff recognizes
there is no immediate need for the improvements. Also, the
City requests in -lieu contributions instead of improvements
on Stagecoach Road because the State will be making
improvements sometime in the future. Mrs. Russell
recommended a two year deferral of the in -lieu contribution,
which would give the church time to raise the funds.
Director Hodges moved to amend the Ordinance to provide for
a two year deferral of the required improvements on
Stagecoach Road. The motion was seconded by Director Hinton
and unanimously adopted. Director Adcock moved to suspend
-- the rules to provide for the third and final reading of the
Ordinance. The motion was seconded by Director Kumpuris,
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 third and last
reading of the Ordinance, as amended, a roll call vote was
taken on passage of the Ordinance: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck,
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November 7, 1995
Joyce, Wyrick and Mayor Dailey - total 11; Noes - None;
Absent - None. Therefore, the Ordinance, as amended, was
declared PASSED.
Introduced next was Ordinance No. 17,008, described as:
AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING
DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PCD
DISTRICT TITLED ONE SOURCE HOME CENTER AMENDED LONG -FORM PCD
(Z- 4933 -D), LOCATED AT 15707 CHENAL PARKWAY, IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 15,990 AND
CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES;
and there was a first reading of the Ordinance. Director
Adcock moved to suspend the rules and place the Ordinance on
second reading. The motion was seconded by Director Joyce,
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 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 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 response being: Ayes -
Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 11;
Noes - None; Absent - None. Whereupon, the Ordinance was
declared PASSED.
The next presentation was a proposed Ordinance, with
the caption being:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER FROM THE REQUIREMENTS TO DEDICATE ADDITIONAL
RIGHT -OF -WAY FOR A RIGHT TURN LANE ON CHENAL PARKWAY; MAKE
STREET AND SIDEWALK IMPROVEMENTS ALONG THE KANIS ROAD
FRONTAGE OF THE SITE; PROVIDE $20,000 TOWARDS COST OF
CONSTRUCTION FOR THE INTERSECTION OF CHENAL PARKWAY AND THE
FUTURE EAST BOUNDARY STREET; AND MAKE IMPROVEMENTS TO THE
FUTURE EAST BOUNDARY STREET WHICH ARE IN EXCESS OF THOSE
AGREED -TO IMPROVEMENTS IN THE 1990 PCD APPROVAL FOR ONE
SOURCE HOME CENTER AMENDED LONG -FORM PCD LOCATED AT 15707
CHENAL PARKWAY, LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time. At the request
of Director Adcock, Public Works Director Chan Russell
explained the four issues covered in the requested waiver.
(a) staff recommends a deferral instead of a waiver of the
dedication of additional right -of -way for a right turn lane;
(b) staff recommends denial of the waiver of street and
sidewalk improvements on Kanis Road; (c) staff recommends
deferral of the required $20,000 towards cost of the
construction of the future intersection; and (d) staff
agrees to full width improvements for the north half of the
east boundary street instead of one -half of the improvements
for the length of the street. Mr. Olan Asbury, representing
One Source Home Center, reviewed the proposal and the
requested waivers. There was some discussion regarding
whether or not certain issues were included with the
original PCD approval in 1990. Following the lengthy
discussion, Director Hodges moved to accept staff's
recommendation regarding subsections (a) , (b) , (c) and (d) .
Director Sharp seconded the motion. City Attorney Tom
Carpenter recommended the language in subsection (a) be
changed to delete the word waived at the end of the section
and add the phrase "deferred until such time as the right
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November 7, 1995
5.1
turn lane is constructed and it is determined that
additional right -of -way is required." Mr. Asbury suggested
meeting with the engineer and the City Attorney to get a
clear understanding of the issues before further action is
taken. Therefore, the motion and second were withdrawn and
the proposed Ordinance was left on the calendar for second
reading on November 21, 1995.
Consideration was then given to Ordinance No. 17,009,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
- ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL FROM THE REQUIREMENTS TO REMOVE THE NORTHERN-
MOST DRIVE APPROACH TO THE EAST PARKING LOT FROM THE EAST
BOUNDARY STREET FOR ONE - SOURCE HOME CENTER AMENDED LONG -FORM
PCD (Z- 4933 -D) AND LOCATED AT 15707 CHENAL PARKWAY, LITTLE
ROCK, ARKANSAS;
and the Ordinance was read the first time. Director Adcock
moved to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Mason, and
unanimously adopted by the Board Members present, being
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
by Directors Joyce and Adcock, respectively, to again
suspend the rules and place the Ordinance on third and final
reading. The motion was unanimously adopted by the Board
Members present, being eleven in number and two - thirds or
more of the members of the Board of Directors - elect, and the
Ordinance was read the third and last time. A roll call
vote was taken on the question, Shall the Ordinance Pass,
with the vote recorded as follows: Ayes - Directors Sharp,
Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck,
Joyce, Wyrick and Mayor Dailey - total 11; Noes - None;
Absent - None. Whereupon, the Ordinance was declared
PASSED.
A public hearing had been scheduled for this time and
place (see motion adopted on 10- 17 -95) on the proposal to
amend the 1995 Consolidated Plan to include issuance of a
Section 108 loan for rehabilitation of Lee School at 12th
and Pine Streets. Mayor Dailey declared the public hearing
open. The staff presentation was given by Assistant City
Manager Cy Carney, who explained the two sets of issues: (1)
nature of the project and (2) funding for the project. Mr.
Carney and City Manager Charles Nickerson also responded to
questions by the Board of Directors. Speaking in opposition
to the proposal was Diane Davis, 3000 Chester Street, who
stated she was very displeased that the City of Little Rock
would consider taking funds that these 10 planning areas
looked forward to for the upgrading of their livelihood to
be placed in one area. She concluded by suggesting maybe
funding should come from the one -half cent sales tax. Ms
Wanda Harris, 3400 West 11th Street, said she supported the
project but was opposed to the way it was being funded. Ms.
Sharlett Craig, 2001 S. Arch St., who served on the
Consolidated Planning Committee, said this is the first year
HUD implemented the Planning Committee. The Committee's
recommendation was not to use CDBG funds for Lee School.
Ms. M. L. Moore, 1622 S. Peyton St., spoke against the
proposal, stating this was a good idea but she was opposed
to using CDBG funds. She said the building is inaccessible
to the handicapped and it would be cost prohibitive to
remove the asbestos. She concluded by saying fix the
streets and drainage first. Rev. Silas E. Redd, 3315 Wolfe
St., said he was opposed to Lee School. He asked the City
to use one of the other 11 schools and recommended Ish
Elementary School. Ms. Allis Leonard spoke in opposition,
stating there are plenty of streets and gutters that need to
14
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Minutes
November 7, 1995
be taken care of and askei
for Lee School. Mrs.
Central High Neighborhood
the development of Lee
funding proposal. Mrs. N
the use of CDBG funding fc
1815 S. Cedar St., was foi
of CDBG funds. Mr. Rohn
of the proposal for Lee Sc
the renovation of Lee Schc
Mr. Lee Kendell, 809 Abigi
and Mr. Andrew Jones, 181(
I the City to use some other funds
Ethel Ambrose, president of the
Association, spoke in support of
School, but was opposed to the
aggie Hawkins was also opposed to
r Lee School. Ms. Sondra Settles,
Lee School but questioned the use
Muse, 833 Lewis, spoke in support
hool, stating his main concern was
ol. Also speaking in support were
il; Mr. David Fletcher, 805 Lewis;
Dennison. Mrs. Elizabeth Oliver,
3401 West 13th Street, said it seems like everybody wants
something and asked the Board to give everybody a piece of
the pie. Director Kumpuris spoke in support of the proposal
for Lee School. Director Sharp said he could not support
the proposal. Mr. Tim Polk responded to questions by the
Board. Director Adcock felt that staff needed to go back to
the neighborhoods and to have more meetings with the
Coordinating Committee regarding Lee School. Therefore, she
moved to table the Resolution for two weeks. The motion
died for lack of a second. Mr. Mayor Dailey then declared
the public hearing closed and Resolution No. 9,545 was
presented, entitled:
A RESOLUTION TO AMEND THE 1995 CONSOLIDATED PLAN TO
INCLUDE ISSUANCE OF A SECTION 108 LOAN IN THE AMOUNT OF
$1,800,000 FOR REHABILITATION OF LEE SCHOOL FOR USE AS THE
LITTLE ROCK NEIGHBORHOOD RESOURCE CENTER;
and the Resolution was read in full. There was a motion by
Director Hinton to adopt the Resolution. The motion was
seconded by Director Joyce, and was adopted by the following
roll call vote: Ayes - Directors Mason, Kumpuris, Hinton,
Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 8; Noes
- Directors Sharp, Adcock and Wilson - total 3; Absent -
None. Whereupon, the Resolution was adopted.
Introduced next was a proposed Resolution titled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT TO D. P. & L. FOR PRINTING OF THE
1996 CITY CALENDAR FOR THE CITY MANAGER'S OFFICE.
Director Hodges questioned the expenditure of $36,000 for
the City calendar, and spoke in strong opposition. There
was a motion by Director Adcock, seconded by Director Mason,
to adopt the Resolution. City Manager Charles Nickerson
pointed out that previous Boards had instructed Staff to
include the calendar in the marketing plans. Director
Hodges stated the calendar was a luxury item, and the money
for the calendar could be put into the infrastructure fund.
Director Wyrick agreed with Director Hodges. Mayor Dailey
and Director Mason spoke about the positive impact of the
calendar. A roll call vote was taken on adoption of the
Resolution as follows: Ayes - Directors Mason, Adcock,
Wilson, Joyce and Mayor Dailey - total 5; Noes - Directors
Sharp, Kumpuris, Hinton, Hodges, Keck and Wyrick - total 6.
Whereupon, Mayor Dailey announced that the Resolution had
failed.
Consideration was then given to Resolution No. 9,546,
with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
CONTRACT WITH PRUDENTIAL INSURANCE COMPANY OF AMERICA TO
PROVIDE HEALTH CARE INSURANCE COVERAGE FOR CITY OF LITTLE
ROCK EMPLOYEES FOR A TWELVE MONTH PERIOD EFFECTIVE JANUARY
1, 1996;
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November 7, 1995
253
and the Resolution was read in full. Director Joyce moved
for the adoption of the Resolution. The motion was seconded
by Director Hinton. There was a brief discussion regarding
the lack of sufficient doctors in the field of infertility.
The Resolution was adopted by the following voice vote:
Ayes - Directors Sharp, Adcock, Wilson, Hinton, Hodges,
Joyce, Wyrick and Mayor Dailey - total 8; Noes - None;
Abstentions - Directors Mason, Kumpuris and Keck - total 3;
Absent - None. Mayor Dailey announced that the Resolution
was adopted.
The next presentation was Ordinance No. 17,010, with
the title being:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD A
BID AND EXECUTE A CONTRACT FOR CONSTRUCTION OF THE RIVER
MARKET; APPROPRIATING AND REALLOCATING FUNDS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the first time. The rules were
suspended and the Ordinance placed on second reading upon a
motion by Director Sharp, which was seconded by Director
Joyce, 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 the Ordinance, Director Joyce moved to further
suspend the rules to provide for the third and final reading
of the Ordinance. The motion was 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, and the third and last reading
of the Ordinance ensued. Mrs. Nora Harris, Chair of Empower
Arkansans, addressed the Board of Directors, stating she
believed the funding is illegal and improper. She said
Ordinance No. 16,496 states the purpose of the one -half cent
sales tax is for police and fire protection, yet money from
the sales tax is being used for the River Market. $100,000
is being taken from a tax specifically dedicated to public
City libraries and $100,000 of money allocated to the new
museum. She also cited Ordinance No. 16,838 regarding the
outstanding balance on the 1988 Bond Issue and No. 16,744
which asked the voters to approve a tax to improve public
parks and playgrounds. She said a commercial enterprise
such as the Farmers Market hardly qualifies as a public
park. She said the public should be allowed to vote on the
use of public funds for the Farmers Market. She said the
legal issues should be resolved before the Board votes on
this issue. Director Kumpuris responded to Mrs. Harris's
statement, stating that nothing is coming from the one -half
cent sales tax. The money from the Museum is money
generated from fines. The money from the Library is for
common street infrastructure between those two areas. The
refunding bond issue clearly stated there would be $1.5
million going to the Farmers Market in this location. A
roll call vote was then taken on passage of the Ordinance as
follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock,
Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey
- total 11; Noes - None; Absent - None.
The Emergency Clause contained in Section 3 of the
foregoing Ordinance was read and adopted by the following
roll call vote: Ayes - Directors Sharp, Mason, Kumpuris,
Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and
Mayor Dailey - total 11; Noes - None; Absent - None.
Whereupon, the Ordinance, together with the Emergency
Clause, was declared PASSED.
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November 7, 1995
Introduced next was Resolution No. 9,547, entitled:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A WARRANTY DEED CONVEYING THE CITY'S INTEREST IN
THREE VACANT CITY LOTS AT 13TH AND CENTER STREETS TO WAYNE
E. SIMPSON; AND FOR OTHER PURPOSES. (Lots 1, 2, 3, Block
168, Original City.)
and there was a full reading of the Resolution. There was a
motion by Director Adcock, seconded by Director Joyce, to
adopt the Resolution, and the Resolution was unanimously
adopted.
The next presentation was a proposed Ordinance,
described as:
AN ORDINANCE TO DESIGNATE PROMOTER AND BOOKING AGENT
SERVICES FOR RIVERFRONT AMPHITHEATER EVENTS AS A
PROFESSIONAL SERVICE, PURSUANT TO AUTHORITY GRANTED IN ACT
429 OF 1995 AND LITTLE ROCK, ARK. ORDINANCE NO. 16,982.
The Ordinance was read the first time and left on the
calendar for second reading on November 21, 1995.
Consideration was then given the item on the addendum
to the Agenda, being another proposed Ordinance entitled:
AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE
SECTION 2 -243 (1988) TO RECOGNIZE CONSTRUCTION MANAGEMENT
SERVICES AS A PROFESSIONAL SERVICE FOR THE CITY OF LITTLE
ROCK, ARKANSAS, AND ITS VARIOUS BOARDS AND COMMISSIONS; AND
FOR OTHER PURPOSES.
and the Ordinance was read the first time and left on the
calendar for second reading on November 21, 1995.
At 11:50 o'clock P.M. the Board of Directors recessed
to Executive Session to consider appointments to various
Boards and Commissions.
The Board of Directors reconvened at 12:25 o'clock A.M.
with Mayor Dailey presiding and all Directors present.
Resolution No. 9,548 was presented, with the title
being:
A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO
THE ARTS AND HUMANITIES PROMOTION COMMISSION, ARKANSAS
MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, CENTRAL
ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES, CITY BEAUTIFUL
COMMISSION, COMMISSION ON DOMESTIC VIOLENCE, EDUCATION
COMMISSION, HOUSING BOARD OF ADJUSTMENT AND APPEALS, LITTLE
ROCK PLANNING COMMISSION, AND THE RACIAL AND CULTURAL
DIVERSITY COMMISSION.
(Arts & Humanities - appoint Dr. Daniel Dillard; Museum -
appoint Beadle Moore; Library - reappoint Sherman Banks and
J. Somers Matthews; City Beautiful - reappoint James
Goodhart and Frank Riggins and appoint Ms. Pat Torvestad;
Domestic Violence - appoint Mary Parker and Sandra
Hochstetter; Education - reappoint Thomas Green, Betty
Hathaway, Paula Patterson; Housing Bd. of Adjustment &
Appeals - appoint Sharlett Craig; Planning - reappoint Pam
Adcock, appoint Herb Hawn and Larry Lichty; Racial &
Cultural Diversity - appoint Joyce Raynor and Daniel Coker.)
Following the reading of the Resolution, there was a motion
by Director Adcock to adopt the Resolution. The motion was
seconded by Director Mason and the Resolution was
unanimously adopted.
17
Minutes
November 7, 1995
There being no further business to be presented, the
Board of Directors recessed at 12:30 o'clock A.M. to
reconvene on Tuesday, November 14, 1995 to consider a
Resolution regarding the Dunbar Branch Library at Chester
Street and Wright Avenue.
ATTEST:
TE
( ::; a AA;.. g42,41(, c
City Clerk Robbie Hancock
18
APPROVE
ayor Jim Dail y
255
Minutes
November 7, 1995
239
(7) Resolution No. 91534, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO COMBATEL DISTRIBUTION
COMPANY FOR THE PURCHASE OF A DIGGER DERRICK TRUCK FOR THE
DEPARTMENT OF PUBLIC WORKS - OPERATIONS. (Not to exceed
$109,843.)
(8) Resolution No. 91535, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT BIDS AND AWARD A CONTRACT TO 3M COMPANY FOR
REFLECTIVE SIGN SHEETING MATERIAL FOR THE DEPARTMENT OF
PUBLIC WORKS - OPERATIONS. (Not to exceed $40,087.44.)
(9) Resolution No. 91536, described as:
A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT
BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND SCHILLI
CORPORATION PERTAINING TO THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS; AND PRESCRIBING OTHER MATTERS
RELATING THERETO.
(10) Resolution No. 91537, entitled:
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN
PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK;
AND FOR OTHER PURPOSES. (Tract E -4, Area 101 to Schilli
Corporation.)
(11) Resolution No. 91538, with the title being:
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN
PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK;
AND FOR OTHER PURPOSES. (Tract G, Area 104 to American
Fiber Industries, LLC.)
(12) Resolution No. 91539, described as;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW
THE CONTRACT WITH DELTA DENTAL PLAN OF ARKANSAS TO PROVIDE
DENTAL INSURANCE COVERAGE FOR CITY OF LITTLE ROCK EMPLOYEES
FOR A TWELVE MONTH PERIOD BEGINNING JANUARY 1, 1996.
(13) Resolution No. 9,540, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW
THE CONTRACT WITH STANDARD INSURANCE COMPANY TO PROVIDE TERM
LIFE INSURANCE COVERAGE FOR CITY OF LITTLE ROCK EMPLOYEES
FOR A TWELVE MONTH PERIOD BEGINNING JANUARY 1, 1996.
(14) Resolution No. 9,541, with the title being:
A RESOLUTION AUTHORIZING A RIGHT -OF -WAY EASEMENT
ACROSS RESERVOIR PARK FOR USE AND BENEFIT OF THE LITTLE ROCK
SANITARY SEWER COMMITTEE AND THE LITTLE ROCK WASTEWATER
UTILITY FOR EXTENSION OF A SEWER LINE FOR BEVERLY
ENTERPRISES AT 8315 CANTRELL ROAD AND ALLOCATING
COMPENSATION OBTAINED FROM GRANTING SAID EASEMENT TO THE
ADOPT -A -PARK PROJECT. (Re: Zoning Case Z- 6014 -A.)
(15) Resolution No. 91542, described as:
A RESOLUTION APPOINTING AND REAFFIRMING
COMMISSIONERS FOR BROADMOOR RECREATION IMPROVEMENT DISTRICT
NO. 2 OF LITTLE ROCK, ARKANSAS. (Appoint Mike Witherell,
Keith Wren, Mike Thomas, Toni Dickenson, Patricia Mitchell
and Cal Wasson; reaffirm Mike Dees, Craig Gillam, Martha
Henderson.)
OA
Kitt,
Minutes
November 7, 1995
(16) Resolution No. 9,543, entitled:
A RESOLUTION APPOINTING A BOARD OF ASSESSMENT FOR
TWIN LAKES RECREATION IMPROVEMENT DISTRICT NO. 1 OF THE CITY
OF LITTLE ROCK, ARKANSAS. (John Kapp, David Carr and Carl
Williams.)
(17) Resolution No. 91544, with the title being:
A RESOLUTION APPOINTING MS. MILLIE WARD AS A
COMMISSIONER FOR METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF
THE CITY OF LITTLE ROCK, ARKANSAS.
Upon a motion by Director Adcock, seconded by Director
Sharp, the Consent Agenda was dispensed with as follows: (1)
The Minutes of September 5, 12, 19 and 26, 1995, were
approved as written and distributed to the Board of
Directors; (2 and 3) the Comparative Statement of Income
Account of the Little Rock Municipal Water Works and the
1994 Annual Report of the Little Rock Municipal Water Works
were received and filed; and (4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16 and 17) Resolutions No. 9,531, 9,532, 9,533,
9,534, 9,535, 9,536, 9,537, 9,538, 9,539, 9,540, 9,541,
9,542, 9,543, and 9,544 were read in full and unanimously
adopted.
Mayor Dailey announced that Items 27, 28 and 29 were
deferred until November 21, 1995 as requested by the
applicant. (Re: Z- 4933 -D - To establish Ten -Mile House
Long -Form PRD, located at 6915 Stagecoach Road, and
providing for a deferral of right -of -way dedication along
Stagecoach Road and waiver of all- weather driving surface at
internal driveway and parking areas.)
Mayor Dailey also announced that Item 42 (providing for
interviews of applicants for the Planning Commission) would
be considered immediately after Citizen Communications, at
the request of Director Wyrick, so that applicants for
appointment to the Planning Commission would know whether or
not to stay until the end of the meeting when appointments
would be made.
(Director Hodges enrolled at 5:45 o'clock P.M. during
the public hearing.)
A public hearing had been scheduled for 5:30 P.M.
regarding the Million Man March, as a result of the motion
adopted October 17, 1995 that the Task Force for Youth make
all efforts to reimburse the City from the private sector
for the $5,000 spent for the Million Man March. (See page 3
of Minutes of 10- 17 -95.) There were 48 cards submitted by
people who wished to speak on the issue. However, Rep. Bill
Walker speaking on behalf of the Task Force for Youth,
organized the speakers and only 14 addressed the Board of
Directors. Mr. Steve Bradley and Mr. Jimmy Cunningham, Jr.,
both read prepared statements in which they asked the Board
of Directors to rescind the motion to require a refund of
the money expended for the Million Man March. Director
Wilson asked City Attorney Tom Carpenter if the action taken
by the Board two weeks ago was legal since there was no vote
to allow Director Keck to report on the Million Man March.
Mr. Carpenter stated the action was legal and the Board
policy was set back in February regarding how items
(Ordinances and Resolutions) were added to the Agenda.
Other speakers in support of the Million Man March who urged
the Board to rescind the motion were Bennie X, Dale Charles,
Ron Woods, Annie Abrams, State Representative Dee Bennett,
Theodore Tucker, Robert L. Brown, Jr., Mary Louise Williams,
Eric Bailey, Gene Tillman, and Panell( ?) Williams. Director
Minutes
November 7, 1995
241
Wilson interjected that Director Keck offered to get private
donations to repay the money; it was never intended that the
young people repay it; she would never have voted for the
motion if that had been the case. Rev. Hezakiah Stewart
asked the Board to allow him to work out a pay plan to pay
back the money. Rep. Walker concluded with closing comments
asking the Board of Directors to revisit the issue and
thanking the Board for the opportunity to speak.
At 6:30 o'clock P.M. Mayor Dailey declared a five
minute recess. When the Board of Directors reconvened at
6:50 o'clock P.M., Mayor Dailey presided and all Directors
were present.
Mayor Dailey called upon Mr. Bob Ginn of Altec
Industries to address the Board regarding Item 7 in the
Consent Agenda. (See Resolution No. 9,534 in Consent
Agenda, awarding a contract to Combatel Distribution for a
digger derrick truck.) (NOTE: Since the meeting started
earlier than scheduled, Mr. Ginn was not present at the time
the Consent Agenda was approved.) Mr. Ginn stated that
Altec was the low bidder and met all the specifications and
should have been awarded the bid. City Manager Charles
Nickerson explained that Altec did not meet the
specifications. He understood they do have a piece of
equipment that would meet specifications but they did not
bid that piece of equipment.
Vice Mayor Joan Adcock and Ms. Katherine Bernard of the
Little Rock Convention & Visitors Bureau made presentations
to the winning neighborhoods in The Big Clean -Up which was
held October 21, 1995. $500 checks were presented to the
following neighborhood associations: Wright Avenue, Twin
Lakes, Cloverdale and East of Broadway. Certificates of
Appreciation were presented to the other participating
neighborhoods: John Barrow, Hanger Hill, Westwood,
Yorkwood, War Memorial, Geyer Springs, Forest Hills, East
End, College Station, Central High, Campus Place, and
Allendale.
Public Works Director Chandra Russell made
presentations to participants in the Adopt -A- Street Program.
Ms. Russell explained that the program is one year old and
60 miles of streets have been adopted by 69 participants.
The awards were presented to those that have been in the
program for the full year and have maintained that area at
least six times during that period.
Fire Chief Rubin Webb announced that Fire Captain J. T.
Cantrell had received the national Paramedic of the Year
award. Mr. Pat Moore, a member of the Board of Governors of
the National Association of Emergency Medical Technicians,
presented Captain Cantrell with the Award of Excellence 1995
Paramedic of the Year. Director Kumpuris presented Captain
Cantrell with the Commendation of Excellence Certificate
from the City of Little Rock.
Director Mason presented a Certificate of Appreciation
to Karen Diner for her service on the Little Rock Education
commission.
Director Sharp presented a plaque to Bill Bunten,
Director of Parks & Recreation. The plaque was an award
from the Arkansas Hospitality Association Annual Trade Show
in which the Little Rock Parks & Recreation Department won
first place for originality of design non -food booth.
At the time allotted to Citizen Communications, the
first speaker was Mr. John Bailey. Mr. Bailey spoke about
the Children's Museum of Arkansas which completed its second
year of operation on November 6, 1995. Mr. Bailey
4
242
Minutes
November 7, 1995
distributed packets of information to the Board of
Directors. The packets contained a proposal for a
public /private partnership for the Board's consideration.
He invited Board Members to come to one of the free Friday
nights at the Children's Museum to witness the activities
the Museum offers.
The next speaker was Mr. Allen Winn, 6310 Asher #572,
who addressed the Board of Directors regarding the rental
inspection program. He was opposed to the program, saying
he should not have to play a part in seeing that his
landlord is obedient to City codes.
Mrs. Ruth Bell, representing the League of Women
Voters, was the next speaker. She said the City of Little
Rock governance is doing better that she thought it would,
but she did have a concern about the Mayor's position. Her
impression was that position would be a part time mayor but
Mayor Dailey works time and a half. She wanted the
Governance Task Force members to look at their
recommendation.
Mrs. Genevieve Stewart, 4421 Ludwig, representing the
John Barrow ACORN group, asked why certain ones received a
letter regarding the public hearing on the proposal to amend
the Section 108 loan application? (See Resolution No.
9,505.) She said the John Barrow residents did not receive
notice of the public hearing.
The next speaker under Citizen Communications was Mr.
Robert "Say" McIntosh, who spoke about black on black
crime, gangs, etc.
Mr. Ralph Jackson, President of the Black Little Rock
Police Association, asked all black police officers to come
to the podium, and said that in February, 1995 the black
police officers protested in front of the Police building
and City Hall regarding the problem with promotions of
blacks in the Police Department. He said the Black Police
Association held a Southern Regional Caucus in Little Rock
the previous weekend and Police Chief Lou Caudell did not
come to welcome the delegates, which was very embarrassing.
Mr. Jackson said only six black officers have been promoted
since 1988. He asked the Board to look at the facts and
report back to the Black Police Association. Mayor Dailey
stated that he and Vice Mayor Adcock did attend a meeting of
the black police officers, took notes, and requested a
response from City Manager Charles Nickerson and Chief
Caudell. Director Adcock gave Mr. Jackson a copy of the
letter that she and Mayor Dailey sent to Mr. Nickerson.
Mr. Henry Rambert also spoke on the subject of unfair
promotions in the Police Department, and begged the Board to
meet with the black Police officers. Mayor Dailey responded
that this is a legislative process. The Board does not deal
with personnel problems. Two years ago the Board set a
policy to get more African Americans and females in the
Police Department. City Manager Charles Nickerson responded
that the City Attorney, City Manager, Police Chief and
Personnel have all worked together on this. Director Wilson
asked why can't the Board have a meeting with the black
police officers. Mr. Nickerson stated the City is in the
middle of litigation on this matter now and it should not
even be discussed.
Consideration was then given to Item #42 on the Agenda,
being a proposed Resolution, entitled:
Minutes
November 7, 1995
243
A RESOLUTION TO MODIFY THE POLICY OF SELECTING MEMBERS
OF BOARDS AND COMMISSIONS TO PROVIDE FOR INTERVIEWS OF THE
APPLICANTS FOR THE THREE PLANNING COMMISSION VACANCIES
PRESENTLY EXISTING.
Director Wyrick stated she
interviews and each person
presentation at the podium and
Would attendance be a proble
required for research be a prox
read in full and there was a m,
Adcock and Hinton, respective=
Director Keck stated he was hes
because he felt there are other
can develop a questionnaire to
and would not raise this Commie
Adcock said we have alread:
commissions, because we have
Planning Commission. Mrs. Rat%
the Little Rock New Party, urc
interviews with the candida
rii cr-„cci r,nc hafnra maki ncl anna
hoped the Board would do
would give a two minute
respond to two issues: (1)
n; and (2) would the time
lem. The Resolution was then
>tion and second by Directors
y, to adopt the Resolution.
itant to begin a new process,
ways to do this. The Board
address some of the concerns
csion above others. Director
raised this above other
i task force looking at the
y Wells read a statement from
ing the Board to hold public
tes and then hold public
intments. and to be sure all
seven (7) wards have a representative on the Planning
Commission. The New Party recommends Pam Adcock (Ward #7),
Ron Muse (Ward #2), and Hugh Earnest. Mayor Dailey said he
would support the Resolution but not on a long term basis.
Director Sharp said that would be a bad precedent and he
could not support it. Director Wilson said she had a
problem with all the closed door policies and supported
public interviews. A roll call vote was taken on adoption
of the Resolution as follows: Ayes - Directors Kumpuris,
Adcock, Wilson, Hinton and Wyrick - total 5; Noes -
Directors Sharp, Mason, Hodges, Keck, Joyce and Mayor Dailey
- total 6. Whereupon, Mayor Dailey announced the Resolution
had failed and there would be no public interviews.
A public hearing had been scheduled for this time and
place by a motion adopted October 17, 1995, on the appeal of
the Planning Commission's denial of the Bowman Road Amended
Short -Form PCD (Z- 5756 -B), located on the east side of
Bowman Road between West Markham Street and Chenal Parkway.
The appeal was filed by Mr. John Rees. There was a motion
by Director Sharp, seconded by Director Keck, to restrict
debate to ten (10) minutes each side for support and
opposition. The motion was adopted by a roll call vote as
follows: Ayes - Directors Sharp, Mason, Hodges, Keck, Joyce
and Mayor Dailey - total 6; Noes - Directors Kumpuris,
Adcock, Wilson, Hinton, and Wyrick - total 5. Director
Adcock asked if the limit applied to all zoning issues to be
considered at this meeting, and Board Members agreed the
limit would apply to all zoning cases on this Agenda. Mr.
John Rees, the applicant, was the first speaker. Mr. Rees
gave a synopsis of the case which was presented to the Board
about a year ago, stating the plan was changed to include a
restaurant, a turn - around, and to move the retaining wall
back to allow a stepped -up retaining wall. Due to
objections of the neighbors, he took out the restaurant and
turn - around and moved the dumpster on the south end of the
property. He said the buildings have not been moved, but he
would like to have a full basement instead of a half
basement for building A. Also, the step retaining wall
would go two feet into the 20 ft. buffered area. He said he
had a letter signed three months ago by all the residents
behind the project. Director Keck asked Mr. Rees to explain
the PCD proposal submitted to the Planning Commission and
the differences now. Mr. Rees stated that the steak house
was deleted at the Planning Commission meeting. The
neighborhood preferred a step retaining wall rather than a
straight wall. Director Adcock felt this should go back to
the Planning Commission. City Attorney Tom Carpenter
explained that what is before the Board is the appeal of the
D
244
Minutes
November 7, 1995
Planning Commission's denial. This is a change. If you
want to know what the Planning Commission thinks, it should
be sent back to them. Mrs. Margaret Bryel, 212 Alamo, spoke
in support of Mr. Rees' application. Director Kumpuris
suggested that Mr. Rees meet with the neighborhood
association members and Mr. Jim Lawson in the Conference
Room and see if an agreement can be reached. The neighbors
did not agree. Mrs. Patty Roberts, 11805 Birchwood Drive,
spoke in opposition to the PCD, saying Mr. Rees' petition is
continually changing. The Planning Commission denied his
application, now he has a different issue before the Board
of Directors. Mr. Harris Jackson, 416 Alamo, was also
opposed to the PCD, saying Mr. Rees keeps changing his plan
and the neighborhood doesn't know what is going on. Mrs.
Brenda Fontenot, 410 Alamo, said she talked to Mr. Rees on
Sunday night and at that time he had a 10 ft. retaining
wall, but now two days later it has gone to 18 ft. Mr. Ken
Davis, 417 Springwood, Birchwood Neighborhood Association,
said this is an inappropriate application for the small
piece of land and is adjacent to residential property. This
would be setting a horrible precedent. Mr. Carpenter
expressed a real concern about the status of this matter.
The Board has two options: defer the matter until there is
something in writing, or refer it back to the Planning
Commission. Following the lengthy discussion, Director
Adcock moved to send the matter back to the Planning
Commission for action as soon as possible. The motion was
seconded by Director Keck and unanimously adopted by the
Board Members present. Mr. Lawson said the Planning
Commission could review the matter on December 12.
Therefore, the Ordinance approving modification to a Planned
Zoning District and providing for the establishment of a
Planned District titled Bowman Road Amended Short Form PCD
(Z -5756) was not presented.
Mayor Dailey declared a recess at 8:45 o'clock P.M.
When the Board of Directors reconvened at 9:00 o'clock P.M.,
Mayor Dailey presided and all Directors were present. -
The next presentation was Item #35 on the Agenda, being
Ordinance No. 16,998, entitled:
AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUTURE -
LITTLE ROCK RESERVE TO PROVIDE FUNDS FOR THE LITTLE ROCK
PRIVATE INDUSTRY COUNCIL (PIC) AND JTPA DEPARTMENT DURING
PROGRAM YEAR 1995 (JULY 1, 1995 THROUGH JUNE 30, 1996);
(For the purpose of supplementing administrative and support
cost categories.)
and the Ordinance was read the first time. There was a
motion by Director Adcock, seconded by Director Keck, 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 by Directors Adcock and Sharp,
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
last time. A roll call vote was taken on the question,
Shall the Ordinance Pass, with the vote recorded a's follows:
Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson,
Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total
11; Noes - None; Absent - None. Therefore, the Ordinance
was declared PASSED.
7
245
Minutes
November 7, 1995
The next presentation was Item 19, being a proposed
Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A WAIVER OF THE SIDEWALK REQUIREMENTS FOR PARKWAY OFFICE
SUBDIVISION, LOT 2, LOCATED AT 400 HARDIN ROAD, LITTLE ROCK,
ARKANSAS.
Public Works Director Chandra Russell explained that the
applicant is requesting the waiver because the landscaping
has been completed and it would be extremely difficult to go
back and complete the sidewalk. However, the applicant knew
about the sidewalk requirement before the landscaping was
done. He had submitted a $5,000 cash bond and was contacted
• number of times about building the sidewalk or requesting
• waiver. After the bond was cashed, Mr. Rees requested the
waiver. Mr. John Rees, applicant, stated he would rather
have grass and trees than to have to put up a retaining wall
in order to put in the sidewalk on this cul -de -sac street.
The Ordinance was then read the first time. Director Adcock
moved to suspend the rules and place the Ordinance on second
reading. The motion was seconded by Director Joyce, 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. Director Sharp asked if the waiver could
be changed to a five year deferral or until the proposed
bank and hotel (abutting properties) put in sidewalks. Mr.
Rees said he preferred the waiver but would agree to the
deferral. City Attorney Tom Carpenter stated the applicant
has failed to live up to commitments and now has a history
of enforcement problems. City Manager Charles Nickerson
said the developer needs to be held accountable for
sidewalks. Director Sharp then moved to amend the Ordinance
to provide for a five year deferral or until an abutting
property owner builds sidewalks, whichever comes first. In
response to a question by Director Kumpuris, Mrs. Russell
stated that the hotel site plan has already been filed and
the plan does include the sidewalk. Director Sharp then
withdrew his motion. Following the second reading of the
Ordinance, there was a motion and second by Directors Adcock
and Joyce, respectively, 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 Ordinance was read the
third and last time. A roll call vote was taken on passage
of the Ordinance as follows: Ayes - None; Noes - Directors
Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges,
Keck, Joyce, Wyrick, and Mayor Dailey - total 11; Absent -
None. Whereupon, Mayor Dailey announced that the Ordinance
had FAILED.
Introduced next was Zoning Application Z- 3732 -B, filed
by James Robinson on behalf of Medcath of Little Rock, to
rezone 1405 South Shackleford Road from 110-3" General Office
District to 110-2" Office and Institutional District. The
reclassification was approved by the Planning Commission on
October 3, 1995. Ordinance No. 16,999 was presented, with
the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY
OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR
OTHER PURPOSES;
(Z- 3632 -B - To rezone 1405 South Shackleford Road from 110-3"
General Office District to 110-2" Office and Institutional
District.)
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Minutes
November 7, 1995
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 17,000,
entitled:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING
FOR A DEFERRAL OF THE REQUIREMENT TO DEDICATE ADDITIONAL
RIGHT -OF -WAY AND TO PROVIDE STREET AND SIDEWALK IMPROVEMENTS
FOR KAUFMAN ROAD FOR THE ARKANSAS HEART HOSPITAL (Z- 3632 -C),
LOCATED AT THE NORTHEAST CORNER OF S. SHACKLEFORD ROAD AND
I -430, LITTLE ROCK, ARKANSAS;
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, 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 and second by Directors Adcock and Mason,
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 third reading of the
Ordinance ensued. A roll call vote was taken on passage of
the Ordinance as follows: Ayes - Directors Sharp, Mason,
Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce,
Wyrick and Mayor Dailey - total 11; Noes - None; Absent -
None. Therefore, the Ordinance was declared PASSED.
The next presentation was Zoning Application Z- 3637 -C
filed by J. Dan Baker to rezone properties at 4405 and 4501
East Roosevelt Road from "R -2" Single- family District and
"C -3" General Commercial District to "C -4" Open Display
Commercial District. The reclassification was approved by
the Planning Commission on October 3, 1995. Ordinance No.
17,001 was introduced, 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- 3637 -C - To rezone 4405 and 4501 East Roosevelt Road from
"R -2" Single- family District and "C -3" General Commercial
District to "C -4" Open Display Commercial District.)
and there was a first reading of the Ordinance. The rules
were suspended and the Ordinance placed on second reading
upon a motion by Director Adcock, which was seconded by
Director Joyce, and unanimously adopted by the Board Members
present, being eleven in number and two - thirds or more of
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