HomeMy WebLinkAbout02-18-9231
Board of Directors Chamber
Little Rock, Arkansas
February 18, 1992 - 6:00 P.M.
The Board of Directors of the
met in regular session with Mayor
Clerk Robbie Hancock was present
following Directors in attendance:
Lewellen, Dailey, and Catlett -
Shackelford - total 1.
a City of Little Rock, Arkansas
Sharon Priest presiding. City
and called the roll with the
Directors Roy, Hollingsworth,
total 5; Absent - Director
With a quorum present, Mayor Priest declared the Board of
Directors in session.
The Invocation was given by Director Catlett.
The first matter to be considered was the Consent agenda,
consisting of the following items:
(a) The approval of Minutes of the previous Board of
Directors meeting held February 4, 1992.
(b) The Comparative Statement of Income Account of the
Little Rock Municipal Water Works for the month of December,
1991.
(c) Resolution No. 8,651, with the title being:
A RESOLUTION TO ESTABLISH A COMMITTEE TO PROPOSE THE
DEVELOPMENT AND IMPLEMENTATION OF A SISTER CITIES COMMISSION FOR
THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES.
(d) Resolution No. 8,652, described as:
A RESOLUTION APPROVING A REPETITIVE LOSS PLAN FOR 1992
FOR THE CITY OF LITTLE ROCK. (Stormwater Management).
(e) Resolution No. 8,653, entitled:
A RESOLUTION SETTING THE DATE OF HEARING ON THE
PETITION TO ABANDON A PORTION OF THE RIGHT -OF -WAY OF DOUGLASS
STREET BETWEEN BLOCKS 24 AND 17, JOSEPHINE PANKEY ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS. (March 3, 1992.) (Pursuant to
A.C.A. 14 -54 -104 [1987].)
(f) Resolution No. 8,654, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; GASOLINE
AND DIESEL FUEL CONDITIONERS, AND AEROSOL PRODUCTS FOR THE
DEPARTMENT OF GENERAL SERVICES, FLEET SERVICES DIVISION.
(g) Resolution No. 8,655, described as:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF KITCHEN EQUIPMENT
FOR THE SENIOR CITIZEN CENTER FOR THE PARKS AND RECREATION
DEPARTMENT; AND AN ANNUAL CONTRACT FOR SAND, STONE AND AGGREGATE
FOR THE PUBLIC WORKS DEPARTMENT.
(h) Resolution No. 8,656, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN ANNUAL CONTRACT FOR MAINTENANCE ON GEOGRAPHIC INFORMATIONS
SYSTEM COMPUTER HARDWARE. (Prime Computer, Inc.)
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(i) Resolution No. 8,657, with the title being:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF COMPUTER HARDWARE
FOR THE OFFICE OF MANAGEMENT SUPPORT.
(j) Resolution No. 8,658, described as:
A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP
ACT (JTPA) DEPARTMENT TO EXPEND $251,697 OF TITLE II -A CARRYOVER
FUNDS AND $160,334 OF INCENTIVE MONIES FOR VARIOUS PROGRAMS.
(k) Resolution No. 8,659, entitled:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
ONE YEAR CONTRACT WITH PREFERRED VISION CARE TO PROVIDE FOR
OPTICAL INSURANCE COVERAGE FOR CITY EMPLOYEES EFFECTIVE MARCH 1,
1992.
By motion from Director Lewellen, seconded by Director Dailey,
which was adopted by unanimous voice vote of the Board Members
present, the Consent Agenda was dispensed with as follows: (a)
The Minutes of the previous Board of Directors Meeting held
February 4, 1992, were approved as written and distributed to the
members of the Board of Directors; (b) The Comparative Statement
of Income Account of the Little Rock Municipal Water Works for
the month of December, 1991 was received and filed; and (c, d, e,
f, g, h, i, j and k) Resolutions No. 8,651, 8,652, 8,653, 8,654,
8,655, 8,656, 8,657, 8,658 and 8,659 were read in full and
adopted by unanimous voice vote of the Board members present.
NOTE: Mayor Priest abstained from voting on Resolution No. 8,658
and Director Roy abstained on Resolution No. 8,659.
At the time allotted for Citizens Communication, Mayor
Priest announced the new policy of the Board of Directors to
allot five (5) minutes per subject with a maximum of thirty
minutes allotted for Citizens Communication.
The first speaker was Mr. Luke Moorman, who addressed the
Board regarding the shooting range at Rebsamen Park, and
beseeched the Board to alleviate the problem and put the Little
Rock Sports Association in a position to participate in the
shooting sport. He again reviewed the history of the shooting
range at Rebsamen Park and referred to the Agreement between the
City of Little Rock and the Little Rock Shooting Sports
Association signed June 20, 1980. Resolution No. 6,329, adopted
May 6, 1980, authorized the agreement. The last paragraph of the
Resolution (Section 3) states: "This Resolution shall be in full
force and effect from and after its adoption and approval." Mr.
Moorman said that nullified A.R.C. 18 -102 and removed the
necessity for the Police Chief to sign anything relative to the
contract. The last paragraph of the Agreement states: "Safety
and operating issues not specifically addressed in the agreement
shall be submitted to the Office of the Chief of Police for
review. The Chief of Police will have final authority on issues
involving public safety." Mr. Moorman said there have been no
changes; therefore, there was no reason for the Chief of Police
to have closed the range.
The next speaker was Ms. Ethel Ambrose, 1514 South Schiller
Street, President of the Central High Neighborhood Association.
She referred to a request made in December for a Neighborhood
Alert Center. She urged the Board to consider that area for a
Neighborhood Alert Center because the residents desperately need
help in making the neighborhood safe.
Mr. Terry Burruss, 1617 Battery Street, asked that a
Neighborhood Alert Center be located on Wright Avenue. He also
thanked the Board and City Staff for the condemnation of the
burned house at 1601 South Battery Street.
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February 18, 1992
Ms. Delbra Lee - Stewart, 2300 State Street, President of the
Downtown Neighborhood Association, presented Bill Bunten, Parks
and Recreation Director, with pictures taken on the Saturday of
the tree planting at Paris Towers and Philander and at other
senior citizen complex areas and expressed thanks for the
assistance of City employees in planting the trees.
Ms. Nancy Williams, 8006 Opal Lane, addressed the Board
regarding a mobile home park at 5010 Opal Lane. She stated that
she purchased the mobile home park in December, 1991 and began to
clean up the property, removed junk automobiles, replaced broken
windows, etc. and the tenants pitched in to help (several tenants
were present in support of Mrs. Williams) . She stated that on
February 1, 1992, "City officials swooped down on me like a flock
of vultures out there at the park. I told them when they showed
up to contact my attorney." She stated that she received 4
citations with 23 counts because she asked them to contact her
attorney before making an inspection. Mrs. Williams called this
a personal vendetta by Jim Hathcock (Neighborhood Programs
Manager) and City officials, because of previous problems. (See
1990 Minutes related to Nancy Hallum and the House of Ruth.)
Mayor Priest asked Deputy City Manager Earl Paul to prepare a
report on this incident. City Attorney Tom Carpenter advised
Board Members that there is litigation pending.
To conclude Citizens Communication, Director Dailey asked
for further discussion in the near future regarding the location
of various neighborhood alert centers. Mayor Priest stated that
Staff is preparing a report on proposed locations. Director
Hollingsworth requested Deputy City Manager Earl Paul to look
into the feasibility of a shooting range in the area near the
present Police shooting range (Arch Street Pike), since the Board
in 1980 indicated another range would be provided at the new
Police pistol range. Director Roy encouraged neighborhood
residents to work together to eliminate graffiti on buildings.
Director Hollingsworth asked Deputy City Manager Earl Paul to
provide a report on the City's policy regarding the removal of
graffiti.
Consideration was then given to Ordinance No. 16,165,
entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A P.O.D. DISTRICT TITLED HIX P.O.D. (Z -5515) 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.
(Z -5515 - To rezone 5315 Baseline Road from 11R -2" Single - family
District to P.O.D.)
(The ordinance reclassifying the property at 5315 Baseline Road
from 11R -2" Single - family District to 11C -3" General Commercial
District was read the first time on January 21, 1992 at which
time some Board Members expressed concern for 11C -3" General
Commercial District at that location and favored 110-3" General
Office District. However, since the owner was not present, the
Ordinance was left on the calendar for second reading on February
4, 1992. At the February 4th meeting, owner Steve Hix was asked
to consider a Planned Commercial Development. Since Mr. Hix was
not familiar with the "PCD" option, the Ordinance was not read
but remained on the calendar for second reading on February 18,
1992.) Mr. Jim Lawson, Director of the Department of
Neighborhoods and Planning, stating that the owner had agreed to
the P.C.D proposal, made a presentation of the proposed Planned
Office Development and explained the site plan. Mr. Steve Hix,
owner - applicant, then asked that his rezoning application be
changed to a request for P.O.D. A motion was made by Director
Dailey, seconded by Director Hollingsworth to amend the Ordinance
to rezone the property at 5315 Baseline Road from 11R -2" Single -
family District to Planned Office Development as outlined by
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February 18, 1992
Staff. The motion was adopted unanimously by the Board Members
present. The Ordinance, as amended, was then read the second
time. There was a motion and second by Directors Dailey and
Catlett, respectively, to suspend the rules and place the
Ordinance on third and final reading, and the motion was
unanimously adopted by members of the Board of Directors present,
being six in number and two - thirds or more of the members of the
Board of Directors - elect. A third and last reading of the
Ordinance, as amended, ensued followed by an Aye and No Vote
taken on passage of the Ordinance, with the response being: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Hollingsworth,
Lewellen, and Dailey - total 6; Noes - None; Absent - Director
Shackelford - total 1. Whereupon, the Ordinance, as amended, was
declared PASSED.
Zoning Application Z- 4298 -A from Dwight and O. R. Harshaw
was introduced next. The application to rezone 4309 -4315 John
Barrow Road from "R -3" Single- family and 110-3" General Office
Districts to "R -4" Two - family District was approved by the
Planning Commission on January 28, 1992. No opposition to the
rezoning was presented and Ordinance No. 16,166 was considered,
with the title being:
AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF
LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER
PURPOSES;
(2- 4298 -A - To rezone 4309 -4315 John Barrow Road from "R -3"
Single - family and 110-3" General Office Districts to "R -4" Two -
family District.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 16,167 was the next presentation, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED WORTHEN BANK (Z-5350-
A) 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;
(Z- 5350 -A - A parcel of land located at the southeast corner of
Jerry Drive and Highway 10, described as Lot IR, Hoggard's
Subdivision, changed from PCD to Revised PCD.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
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read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was then declared PASSED.
Ordinance No. 16,168 was introduced next and contained the
following caption:
AN ORDINANCE PROVIDING FOR A DEFERRAL OF CONSTRUCTION OF
STREET AND SIDEWALK IMPROVEMENTS REQUIRED BY CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AS
APPLIED TO THE REPLAT OF LOT 3R OF THE HOGGARD'S SUBDIVISION;
(5 -938 - Lot 3R of Hoggard's Subdivision - Defer the construction
of street and sidewalk improvements until replatted lot is
redeveloped.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Therefore, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,169, described
as:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A PCD DISTRICT TITLED KEARNEY SHORT -FORM PCD (Z-
5536) 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;
(Z -5536 - To rezone 3205 old Shackllford Road from "R -2" Single -
family District to Planned Commercial Development.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
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February 18, 1992
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
Ordinance No. 16,170 was presented, with the title being:
AN ORDINANCE TO AMEND THE ELLIS MOUNTAIN LAND USE PLAN IN AN
AREA SOUTH OF COLONEL GLENN AND EAST OF BURLINGAME TO COMMERCIAL -
PUD.AND FOR OTHER PURPOSES;
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was declared PASSED.
The next presentation was Ordinance No. 16,171, entitled:
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND
ESTABLISHING A REVISED PCD DISTRICT TITLED RAINEY ELECTRONICS,
INC. (Z -5537) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING
CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS; AND FOR OTHER PURPOSES;
(Z -5537 - To rezone 5.02 acres directly across the street from
19012 Colonel Glenn Road, from "R -2" Single - family District to
Planned Commercial Development.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
It was then announced that the Ordinance had PASSED.
Consideration was then given to Ordinance No. 16,172,
described as:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF
SUBDIVISION REQUIREMENTS FOR CHENAL VALLEY, BLOCK 12;
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February 18, 1992
(8 -867 -8 - Waiver to allow pipe -stem lot for Lot 1, Block 12,
Chenal Valley - northwest corner of Chenal Valley Drive &
Champagnolle Drive.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was then declared PASSED.
Ordinance No. 16,173 was introduced next and contained the
following caption:
AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES
OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF
SUBDIVISION REQUIREMENTS FOR ST. CHARLES, LOTS 700 -723, 752 -788,
846 -852;
(S -65II - 23.6 acres (68 lots) located off Loyola Drive on
Clarborne Drive and Charborne Court - waiver to allow 10% grades
on the end of downhill cul- de- sacs.)
— and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Roy, Hollingsworth, Lewellen, and Dailey -
total 6; Noes - None; Absent - Director Shackelford - total 1.
Whereupon, the Ordinance was then declared PASSED.
The next presentation was zoning Application Z -5527 filed
by Crockett Land Holdings, Inc. The application requested the
reclassification of 5404 South University from "C -3" General
Commercial District to 11C -4" Open Display District. The Planning
Commission approved the reclassification on January 28, 1992.
Mr. Jim Lawson, Director of the Department of Neighborhoods and
Planning, explained the staff recommendation that the rezoning
be approved with the condition that the owner provide a minimum
of eight (8) feet of landscaped buffer along the South University
Avenue right -of -way line and that parking and display of autos be
permitted in the remaining twelve (12) feet of the first twenty
(20) feet of the front yard setback. Mr. John Crockett,
applicant, expressed concern about the requirement for an 8'
landscaped buffer when no other businesses along there have the
buffer. Upon question by the Board, Mr. Lawson explained the
effort to implement the landscaping requirements consistently
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throughout the City. Mayor Priest asked Mr. Lawson to have Bob
Brown assist Mr. Crockett with the landscaping plans, and
Ordinance No. 16,174 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 -5527 - To rezone 5404 South University from "C -3" General
Commercial District to "C -4" Open Display District.)
The Ordinance was read the first time, followed by a motion to
suspend the rules and place the Ordinance on second reading. The
motion was made by Director Lewellen, seconded by Director
Dailey, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Dailey, seconded by Director Roy, that the rules be
further suspended to provide for the third and final reading of
the Ordinance. The motion was adopted by unanimous vote of
members of the Board of Directors present, being six in number
and two - thirds or-more of the members of the Board of Directors -
elect, and there was a third and final reading of the Ordinance.
The passage of the Ordinance was then submitted to an Aye and No
vote which resulted as follows: Ayes - Director Catlett, Mayor
Priest, Directors Hollingsworth, Lewellen, and Dailey - total 5;
Noes - Director Roy - total 1; Absent - Director Shackelford -
total 1. Whereupon, the Ordinance was then declared PASSED.
Introduced next was 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
SUBDIVISION REQUIREMENTS FOR PLEASANT VALLEY ADDITION, LOTS 41,
42 AND 43.
(S -894 -B - Waiving the requirement for sidewalks along Hinson
Road frontage - Lots 41, 42 and 43 of Pleasant Valley Addition.)
Mr. Jim Lawson, Director of Neighborhoods and Planning, explained
Staff's recommendation of denial of the request for waiver of
sidewalks along Hinson Road and gave a brief background of the
plat involved. At the time the final plat was approved, Mr.
Floyd Fulkerson, the developer, put up a Letter of Credit to
guarantee the construction of 720 feet of sidewalk along Hinson
Road. The Letter of Credit is about to expire and now Mr.
Fulkerson has expressed concerns as to why he is required to
build the sidewalk. Mr. Lawson stated there was a time when
sidewalks were waived, but the Subdivision Ordinance has always
required them. He also explained that if the waiver is not
granted, the Letter of Credit will be cashed and the money will
be used to have sidewalks built. Mr. Mike Batie, Director of
Public Works, advised Board Members that the new construction of
Hinson Road will have sidewalks on one side as required by the
Master Street Plan. Attorney Bill Spivey, representing the
developer, addressed the Board, stating that the preliminary plat
was filed in 1983, but in order to get the final plat approved in
1991, Mr. Fulkerson had to put up money for the sidewalks. Mr.
Spivey stated that due to the inconsistency in requiring
sidewalks, the sidewalk waiver should be granted. Board Members
discussed the City's policy of not building or maintaining
sidewalks and waiving the construction of sidewalks. Following
the lengthy discussion, the Ordinance was read the first time and
left on the calendar for second reading on March 3, 1992.
Director Hollingsworth requested additional background
information and a list of sidewalk waivers granted.
(Director Dailey was excused at 8:05 o'clock P.M.)
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Resolution No. 8,641, adopted February 4, 1992, scheduled a
public hearing for this time and place on the petition from the
Missionary Sisters of Charity to vacate and close the east one -
half of the east -west alley in Block 10 (abutting Lots 1, 2, 3,
10, 11 and 12) of Forest Hill Addition to the City of Little
Rock. The Planning Commission approved the closing of the alley.
Attached to the petition was a certified copy of the plat of
Forest Hill Addition on file in the Pulaski County Circuit
Clerk's Office and a letter from Beach Abstract & Guaranty
Company listing ownership of abutting property. Notice of
hearing was duly published on February 10, 1992 and February 17,
1992. Mayor Priest declared the public hearing open. Attorney
Dickson Flake, representing the applicant, responded to questions
from Director Hollingsworth about the need to close the alley.
Mayor Priest declared the public hearing closed and Ordinance
No. 16,175 was presented, with the title being:
AN ORDINANCE VACATING AND CLOSING A PORTION OF THE ALLEY IN
BLOCK 10 OF FOREST HILL ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS;
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Hollingsworth, and unanimously adopted by the members of the
Board of Directors present, being five in number and two - thirds
or more of members of the Board of Directors - elect. The
Ordinance was then read the second time. There was an ensuing
motion made by Director Lewellen, seconded by Director Roy, that
the rules be further suspended to provided for the third and
final reading of the Ordinance. The motion was adopted by
unanimous vote of members of the Board of Directors present,
being five in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and final reading
of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No vote which resulted as follows: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Hollingsworth
and Lewellen- total 5; Noes - None; Absent - Directors
Shackelford and Dailey - total 2. Whereupon, the Ordinance was
then declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,642, adopted February 4, 1992, on the
petition filed by Floyd E. Porter to vacate a portion of West
39th Street lying between Barrow Road and Ludwig Street, abutting
Blocks 165 and 166 of John Barrow Addition of the City of Little
Rock. The Planning Commission approved the closing of the
street. Attached to the petition was a certified copy of the plat
of John Barrow Addition on file in the Pulaski County Circuit
Clerk's Office, and a letter from American Abstract and Title
Company listing ownership of abutting property. Notice of
hearing was duly published on February 10, 1992 and February 17,
1992. Mayor Priest declared the public hearing open and with no
one present who wished to speak in opposition to the proposal,
the public hearing was declared closed and Ordinance No. 16,176
was presented, described as:
AN ORDINANCE VACATING AND CLOSING WEST 39TH STREET BETWEEN
BARROW ROAD AND LUDWIG STREET, IN JOHN BARROW ADDITION TO THE
CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Hollingsworth, and unanimously adopted by the members of the
Board of Directors present, being five 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 an ensuing
motion made by Director Lewellen, seconded by Director Roy, that
the rules be further suspended to provided for the third and
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February 18, 1992
final reading of the Ordinance. The motion was adopted by
unanimous vote of the members of the Board of Directors present,
being five in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and final reading
of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No vote which resulted as follows: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Hollingsworth
and Lewellen - total 5; Noes - None; Absent - Directors
Shackelford and Dailey - total 2. Whereupon, the Ordinance was
then declared PASSED.
A public hearing had been scheduled for this time and place
by Resolution No. 8,643, adopted February 4, 1992, on the
petition filed by Riley's Health & Fitness Center, Inc. and Paine
Webber Qualified Plan Property Fund Three, LP to vacate a fifteen
(15) foot public utility easement on the west side of Lot 1,
Tennis Club Addition to the City of Little Rock. Attached to the
petition was a certified copy of the plat of Tennis Club Addition
on file in the Pulaski County Circuit Clerk's Office, and a
letter from Beach Abstract and Guaranty Company listing ownership
of abutting property. Notice of hearing was duly published on
February 10, 1992 and February 17, 1992. Mayor Priest declared
the public hearing open and with no one present who wished to
speak in opposition to the proposal, the public hearing was
declared closed and Ordinance No. 16,177 was presented,
described as:
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1 OF
TENNIS CLUB ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Lewellen, seconded by Director
Hollingsworth, and unanimously adopted by the members of the
Board of Directors present, being five in number and two - thirds
or more of members of the Board of Directors - elect. The
Ordinance was then read the second time. There was an ensuing
motion made by Director Lewellen, seconded by Director Roy, that
the rules be further suspended to provided for the third and
final reading of the Ordinance. The motion was adopted by
unanimous vote of members of the Board of Directors present,
being five in number and two - thirds or more of the members of the
Board of Directors - elect, and there was a third and final reading
of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No vote which resulted as follows: Ayes
- Director Catlett, Mayor Priest, Directors Roy, Hollingsworth
and Lewellen - total 5; Noes - None; Absent - Directors
Shackelford and Dailey - total 2. Whereupon, the Ordinance was
then declared PASSED.
(Director Dailey was re- enrolled at 8:20 o'clock P.M.)
Ordinance No. 16,178 was introduced next and contained the
following caption:
AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF
LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR
SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE
SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
Mr. Reuben Williams, owner of the property at 2300 West 14th
Street, requested a time extension in order to begin
rehabilitation of the structure. He stated he had made
application for funds that are available for revitalization, but
needs time for the application to be processed. City Attorney
Tom Carpenter advised the Board that Mr. Muskie Harris of the
Central High Neighborhood Association had voiced his objection
for a time extension on the property at 2300 West 14th Street
unless there was going to be an immediate improvement. The Board
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February 18, 1992
41
granted a 90 day administrative extension for the property at
2300 West 14th Street. Mayor Priest announced that she had
received a letter from Mr. B. Frank Mackey, Jr. asking for a time
extension for property at 1302 Battery Street. Board Members
generally agreed to a 60 day administrative extension for the
property at 1302 Battery Street. Mr. Jim Lawson, Director of
Neighborhoods and Planning, noted that the property at 2219
Boulevard is now occupied and is being rehabilitated and should
be removed from the Ordinance. He also noted that 1924 Schiller
Street has already been removed from the Ordinance because the
owner has filed bankruptcy. The Ordinance was read then the first
time, followed by a motion to suspend the rules and place the
Ordinance on second reading. The motion was made by Director
Dailey, seconded by Director Hollingsworth, and unanimously
adopted by the members of the Board of Directors present, being
six in number and two - thirds or more of members of the Board of
Directors - elect. The Ordinance was read the second time. There
was an ensuing motion made by Director Roy, seconded by Director
Hollingsworth, that the rules be further suspended to provide for
the third and final reading of the Ordinance. The motion was
adopted by unanimous vote of members of the Board of Directors
present, being six in number and two - thirds or more of the
members of the Board of Directors - elect, and there was a third
and final reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No vote which resulted as
follows: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen, and Dailey - total 6; Noes - None;
Absent - Director Shackelford - total 1.
The Emergency Clause contained in Section 5 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen, and Dailey - total 6; Noes - None;
Absent - Director Shackelford - total 1. Whereupon, the
Ordinance, together with the Emergency Section, was declared
PASSED.
Mr. Rocky Herman, representing the John Barrow Area,
addressed the Board at this time asking that a large dumpster be
placed in some public area in the John Barrow Addition for two
or three months in order to alleviate the problem of people using
vacant property in John Barrow as a dumping ground. Mayor Priest
asked Public Works Director Mike Batie to work with Mr. Herman in
addressing this problem.
The next presentation was Ordinance No. 16,179, entitled:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (THE 1992 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN EXPENDITURES;
(Appropriating $780,000 for employee salaries and $89,000 for
neighborhood alert centers.)
and the Ordinance was read the first time, followed by a motion
to suspend the rules and place the Ordinance on second reading.
The motion was made by Director Roy, seconded by Director
Lewellen, and unanimously adopted by the members of the Board of
Directors present, being six in number and two - thirds or more of
members of the Board of Directors - elect. The Ordinance was then
read the second time. There was an ensuing motion made by
Director Hollingsworth, seconded by Director Dailey, that the
rules be further suspended to provide for the third and final
reading of the Ordinance. The motion was adopted by unanimous
vote of members of the Board of Directors present, being six in
number and two - thirds or more of the members of the Board of
Directors - elect, and there was a third and final reading of the
Ordinance. The passage of the Ordinance was then submitted to an
Aye and No vote which resulted as follows: Ayes - Director
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February 18, 1992
Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and
Dailey - total 6; Noes - None; Absent - Director Shackelford -
total 1. Whereupon, the Ordinance was declared PASSED.
Consideration was then given to Ordinance No. 16,180, with
the title being:
AN ORDINANCE TO AMEND ORDINANCE NO. 16,137 (THE 1992 BUDGET
ORDINANCE) APPROPRIATING FUNDS FOR CERTAIN CAPITAL EXPENDITURES.
There was a lengthy discussion among Board Members regarding the
appropriation of surplus funds from the 1991 Budget in the amount
of $1,891,000 minus the $869,000 appropriated for employee
salaries and neighborhood alert centers (see Ordinance No. 16,179
above). Funding was considered for school resource officers,
neighborhood alert centers, rental inspection program,
children's zoo, Economic Development, shooting range, local
street improvements, and for compliance with the Americans with
Disabilities Act. During the discussion, the Board of Directors
agreed to the following capital appropriations totaling
$1,022,000: $100,000 - A.D.A. Compliance; $100,000 -
Neighborhood Alert Centers; $100,000 - Street Improvements; and
$700,000 - Economic Development. There was a first reading of
the Ordinance, followed by a motion to suspend the rules and
place the Ordinance on second reading. The motion was made by
Director Dailey, seconded by Director Lewellen, and unanimously
adopted by the members of the Board of Directors present, being
six in number and two - thirds or more of members of the Board of
Directors - elect. The Ordinance was then read the second time.
There was an ensuing motion made by Director Roy, seconded by
Director Dailey, that the rules be further suspended to provided
for the third and final reading of the Ordinance. The motion was
adopted by unanimous vote of members of the Board of Directors
present, being six in number and two - thirds or more of the
members of the Board of Directors - elect, and there was a third
and final reading of the Ordinance. The passage of the Ordinance
was then submitted to an Aye and No vote which resulted as
follows: Ayes - Director Catlett, Mayor Priest, Directors Roy,
Hollingsworth, Lewellen, and Dailey - total 6; Noes - None;
Absent - Director Shackelford - total 1. Therefore, the
Ordinance was declared PASSED.
The last matter to be considered was Ordinance No. 16,181,
entitled:
AN ORDINANCE AMENDING ARTICLE X, CHAPTER 36 OF LITTLE ROCK,
ARKANSAS REVISED CODE (1988), PROVIDING FOR A DEFINITION OF
ALTERATION AND VEHICULAR SIGNS; TO PROHIBIT VEHICULAR SIGNS; TO
PROHIBIT ALTERATIONS OF OFF - PREMISE SIGNS; TO REVISE THE
MAINTENANCE PROVISION FOR ALL SIGNS; TO ENLARGE THE SCOPE OF
AUTHORITY OF THE SIGN CODES ADMINISTRATOR; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
City Attorney Tom Carpenter explained the provisions of the
Ordinance which gives some definite definitions to the terms
"alteration" and "vehicular sign" to deal with some questions
facing the City of Little Rock right now, and noted that the
major differences apply to off - premise signs as opposed to on-
premise signs. The Ordinance was read the first time, followed
by a motion to suspend the rules and place the Ordinance on
second reading. The motion was made by Director Lewellen,
seconded by Director Dailey, and unanimously adopted by the
members of the Board of Directors present, being six in number
and two - thirds or more of members of the Board of Directors -
elect. The Ordinance was then read the second time. There was
an ensuing motion made by Director Lewellen, seconded by Director
Dailey, that the rules be further suspended to provided for the
third and final reading of the Ordinance. The motion was adopted
by unanimous vote of members of the Board of Directors present,
being six in number and two - thirds or more of the members of the
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February 18, 1992
Board of Directors - elect, and there was a third and final reading
of the Ordinance. The passage of the Ordinance was then
submitted to an Aye and No vote which resulted as follows: Ayes
- Mayor Priest, Directors Roy, Hollingsworth, Lewellen, and
Dailey - total 5; Noes - None; Abstained - Director Catlett, -
total 1; Absent - Director Shackelford - total 1.
The Emergency Clause contained in Section 9 of the foregoing
Ordinance was then read and adopted by the following roll call
vote: Ayes: Mayor Priest, Directors Roy, Hollingsworth, Lewellen
and Dailey, Noes - None; Abstained - Director Catlett -
total 1; Absent - Director Shackelford - total 1. Whereupon, the
Ordinance together with the Emergency Section was declared
PASSED.
There being n
Priest declared the
convene in regular
o'clock P.M.
ATTEST:
further business to be presented, Mayor
meeting adjourned at 9:50 o'clock P.M. to
session on Tuesday, March 3, 1992, at 6:00
City Clerk Robbie Hancock
13
APPROVED:
Mayor Sharon Priest
43